"You can't fire me, I resign!" sounds like
something one of Harvey Spectre's clients might say. But if
your employment relationship is not in Hollywood, but South Africa,
what would the legal position be in respect of resignation to avoid
dismissal? May an employee resign in the face of disciplinary
action to avoid dismissal? The truth will raise even a seasoned
scriptwriter's well-sculpted eyebrow.
Notice periods are inherent in every employment contract. The
Basic Conditions of Employment Act (BCEA) prescribes a minimum
notice period. Thus, even where there is no written employment
contract between parties, the employee may terminate the employment
contract by providing the notice prescribed in the BCEA. If the
parties agreed to a longer notice period in a written employment
contract, the employee has to serve the longer notice period. Of
course, where the employee agrees to work for a fixed period, the
contract will typically provide that the employee may not
