The employment team details the Labour Appeal Court's recent
judgment in the matter of The Standard of Bank of South Africa
Limited v Nombulelo Cynthia Chiloane (JA85/18), which finally
puts an end to the debate around whether an employee can resign, in
breach of their contractual notice period, to avoid disciplinary
action by their employer, and what can be made of the law in this
regard pursuant to it
Introduction
As will be seen from what is set out below, Standard Bank has
been steadfast in enforcing its contractual rights over a number of
years with some degree of success, in circumstances where an
employee resigns with immediate effect to avoid disciplinary action
being taken against him or her. For financial institutions in
particular and other employers, this issue is of great importance
and relevance. Their determination in this regard has paid
dividends.
