ARTICLE · 13 DECEMBER 2017

Does Resigning With Immediate Effect Put A Stop To Disciplinary Proceedings?

ENS

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The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.

South AfricaEmployment and HR

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The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.

The employee in this matter was informed by her employer that an investigation was being conducted into allegations of misconduct levelled against her. She then provided her employer with a letter in which she tendered her notice of resignation. The employer took this to mean that she would serve out her notice period of one month. Ten days later, she was informed that disciplinary action would be taken against her. This prompted her to provide her employer with another letter in which she was resigning "with immediate effect".

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