Resignation With Immediate Effect – A Tale Of Confusion

It is trite law that certain prescribed periods of notice become applicable upon termination of any employment relationship between an employer and an employee. These periods are governed by statute and the individual employment contract. However, notwithstanding this, there is uncertainty in our labour law about the position, where an employee resigns with immediate effect in the face of a pending disciplinary enquiry. Particularly, whether the employer retains the right to continue with the disciplinary enquiry post the resignation with immediate effect. This is a matter of debate in our labour jurisprudence, which is occasioned by conflicting judgments by the Labour Court. We deal with these judgments herein below.