A Lucky Escape, Or Not So Much: Resigning With Immediate Effect To Avoid Disciplinary Action

It has now become a norm that an employee will render their resignation with immediate effect in the hopes of avoiding the consequences of being dismissed for misconduct, and thus, free themselves from the constraints of a stained disciplinary record that may ruin their prospects of future employment elsewhere. In the same vein, the employer may wish to proceed with disciplinary action even where the employee renders resignation with immediate effect.

In the past two years, and most recently, the law has been in a state of uncertainty when dealing with the disciplining of employees who have resigned with immediate effect shortly before a disciplinary hearing to avoid disciplinary action or even dismissal. However, the matter has now been settled and in the latest case of Standard Bank of South Africa Limited v Chiloane, the Labour Court confirmed an employer's right to discipline an employee during their notice period regardless of an employee's resignation with