South African workers should not be too hasty when making serious decisions such as resigning from their jobs, as they can’t always be reversed, say legal experts at commercial law firm Cliffe Dekker Hofmeyr.
“If an employee resigns – and then tries to withdraw the resignation – there is a high likelihood they won’t be able to take back the decision,” the firm said.
The group cited a recent Labour Court ruling which found that once an employee formally hands in his or her resignation it is final and binding.
The court held that resignation is by definition a voluntary and unilateral act that seeks to end the employment relationship, albeit that an employer can still elect to press disciplinary proceedings against an errant employee during the notice period if that employee sought to resign to avoid the potential for an adverse outcome in that process.
“In essence, the court gave credence to the fact that when an employee voluntarily elects to communicate their intention to terminate the employment relationship, that election cannot be unilaterally withdrawn once it has been communicated to the employer,” the firm said.
“Where the employee was bound to serve a notice period, their failure to serve that period will not negate the effect of the resignation, as the employment contract will still have reached an end. The only way to revive the contract of employment would be through a fresh offer and acceptance – which amounts to rehiring or re-employment.
“This can occur if the employer opts to consent to the withdrawal of a resignation, but the employer’s representative who consents to the withdrawal must be a person authorised to rehire or re-employ; anything to the contrary would be invalid and of no force and effect.”
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