Receiving an employee’s resignation may appear to signal the end of an employment relationship; however, this may only be the calm before the storm - a case later referred as a constructive dismissal. In a conventional dismissal, it is the employer who puts an end to the contract of employment by dismissing the employee. Conversely, [...]
Employers often grapple with resignations given with too little notice or, more dramatically, resignations effective immediately. Less commonly discussed, however, is the situation when an employee tenders a resignation with more notice than required by either the employment contract or the Basic Conditions of Employment Act (BCEA). How should an employer handle an “excessive” notice [...]
Resignation or Dismissal? The question of whether an employee resigned or was dismissed is a frequent point of contention at the CCMA. In many cases, the employee insists they were dismissed, while the employer maintains that they resigned voluntarily. The difficulty in distinguishing between the two can lead to significant disputes, making it crucial for [...]
The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit terms of a contract of employment. Employers may also be uncertain about the implications of a resignation letter with the [...]
Our previous article, "So, are you staying or going?", discussed the factors to consider when evaluating whether an employee resigns without confirming their intention in writing. The courts have held that the employee must prove a clear and unambiguous intention not to go on with the contract of employment by words or conduct that would [...]
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes the employee refuses to confirm their resignation in writing. Under these circumstances, determining whether the employee has resigned can create confusion for [...]
One of the difficulties an employer may face in business is staff turnover, which can lead to a loss of operational capacity and skills needed to perform a business's functions, ensuring productivity. Continuity is essential for the effective operation of a business. It may cost an employer time, effort, and money to find a new [...]
When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]
Employers are often faced with a scenario where an employee, who is due to be subjected to a disciplinary hearing, elects to resign with immediate effect. This has proven to be a contentious issue in the past, with many employers finding themselves forced into accepting resignations- particularly in instances where they would elect not to. [...]
It is trite that a resignation is a unilateral act by an employee that does not require the employer’s acceptance. The employment contract usually makes provision for notice periods that an employee must work subsequent to him resigning. If a contract of employment does not make provision for the notice period that must be worked, [...]