When does an employee resign with immediate effect?
If an employee is facing disciplinary proceedings where dismissal is a possible outcome, an employee may resign with immediate effect rather than face dismissal. Some employers do not like this as it means the employee has swerved valid disciplinary proceedings.
Can an employee resign to avoid disciplinary action?
It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship. The employer may not reject such resignation.
What happens if an employee resigns under investigation?
Resigning is like waiving of employees right to be heard, or worse, flight is akin to admission of guilt. In both cases, the likelihood of a decision not in favor of the employee is high. If employee will leave the company in the middle of investigation, it will be denying management of its prerogative to terminate.
What happens if an employee is AWOL and resigns?
Therefore, if an employee becomes AWOL, an employer must follow their disciplinary procedure which may ultimately result in the employer dismissing the employee in their absence. A resignation from an employee must be in writing. Not always.
How long does it take for an employee to resign?
· four weeks, if the employee has been employed for more than one year or is a farm worker or domestic worker employed for more than six months. Employees often do not appreciate that their resignation (other than immediate resignation) only comes into effect at the expiry of the notice period.
What happens if you send a second resignation letter?
The second resignation letter was resignation with immediate effect. Despite the second resignation letter, the employer continued with the disciplinary enquiry. The employee challenged the employer’s authority to discipline her in light of her second resignation letter.
What happens if you resign after a disciplinary enquiry?
The disciplinary enquiry can then proceed in the absence of the employee. Should an employee be found guilty, the termination of the employment relationship will be reflected as a dismissal and not resignation.
Can a resignation be withdrawn from an employer?
Resignation does not require the acceptance of an employer and, once communicated, cannot be withdrawn unless an employer consents to the withdrawal.