How "Immediate" Can A Resignation Without Notice Be

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 term “immediate effect” on the employment relationship.

The BCEA, Section 37, sets out the statutory requirements for each party when terminating the employment contract. These are:

• One week's notice if the employee has been employed for six months or less.
• Two weeks' notice if the employee has been employed for more than six months but not more than one year.