Q&A

Can you resign while on preventive suspension?

Can you resign while on preventive suspension?

Generally, an employee should not hurriedly resign during suspension pending investigation unless there are genuine reasons to do so. The acceptance of any other job during suspension is a good ground for termination for breach of the employment contract under which you were suspended.

Is preventive suspension a penalty?

Preventive suspension is not a punishment or penalty for misconduct in office but is considered to be a preventive measure. (Emphasis supplied). Not being a penalty, the period within which one is under preventive suspension is not considered part of the actual penalty of suspension.

Can the company stop someone from resigning?

An employer has no right to reject the resignation of its employee, for whatever reason. This is because there is absolute power to resign and no discretion to refuse to accept; and it is not necessary for the person to whom the notice of resignation is addressed to reply that the resignation is accepted.

What to do if an employee resigns to avoid disciplinary action?

In such instances, an employer may elect to pursue a criminal case against the employee. Disgruntled employees, who tender their resignation to avoid disciplinary action, often refer constructive dismissal disputes to their respective bargaining councils or the Commission for Conciliation, Mediation and Arbitration ( CCMA ).

When does an employee have the right to resign?

Any employee has the right to resign their position, subject to complying with the notice requirements in their contract, at any time.

Can a suspended employee be forced to resign?

The right employment law advice to a suspended worker is “do not be in a haste to resign unless, of course, you are culpable of the alleged misconduct”. Suspension is a tool of investigation that is available to every employer. Suspension, even if it is wrong, cannot be challenged unless it persists indefinitely.

Can you ask an employee to confirm their resignation?

You can ask an employee to confirm their resignation writing; however, unless this is required under their Contract of Employment, there’s no legal requirement for notice of resignation to be given in a particular form, and no requirement for notice to be given in writing before it takes effect. Get your FREE consultation

In such instances, an employer may elect to pursue a criminal case against the employee. Disgruntled employees, who tender their resignation to avoid disciplinary action, often refer constructive dismissal disputes to their respective bargaining councils or the Commission for Conciliation, Mediation and Arbitration ( CCMA ).

When to issue notice of decision pending administrative investigation?

Most companies are stumped on a decision when the employee suddenly resigns pending administrative investigation. One question to resolve is should the company issue a Notice of Decision separate from acceptance of resignation or these two should be contained in the same document?

How long does an employee have to resign to avoid the consequences?

· two weeks if the employee has been employed for more than six months but less than one year; or · 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.

The right employment law advice to a suspended worker is “do not be in a haste to resign unless, of course, you are culpable of the alleged misconduct”. Suspension is a tool of investigation that is available to every employer. Suspension, even if it is wrong, cannot be challenged unless it persists indefinitely.