EMPLOYEE RESIGNING FROM EMPLOYER ON NOTICE VERSUS EMPLOYEE RESIGNING FROM EMPLOYER WITH IMMEDIATE EFFECT.
When an employee resigns on notice, all rights and obligations under the employment contract continue until the expiry date of the notice period. If the employee dismisses the employer during the notice period, the contract terminates preceding the conclusion of the notice period. The employer should first issue the employee with a written suspension letter and notice to attend a disciplinary hearing. A disciplinary hearing is to be scheduled and the chairperson is to issue his/her written findings and recommendation. Thereafter, the employer is to endorse same.
If the employee first resigns, in writing, on notice then resigns again “with immediate effect” during the notice period, the employer lacks authority to discipline the employee after the second resignation. In essence, where the resignation is with immediate effect, the employer losses the right to discipline the employee, also with immediate effect.
OTHER COMMON LAW RULES RELATING TO RESIGNATION
- Once communicated, a notice of termination cannot be withdrawn unless agreed.
- Termination on notice is a unilateral act- it does not require acceptance by the employer.
- If the employee having given notice does not work out in notice, the employer is not obliged to pay the employee on the principle of no work no pay.
- If the notice is given late (or short), that notice is in breach of contract entitling the employer to either hold the employee to what is left of the contract or to cancel it summarily and sue for damages.
- If notice is given late (or short) and the employer elects to hold the employee to the contract, the contract terminates when the full period of notice expires. In other words if a month’s notice is required on or before the first day of the month, notice on the second day of the month will mean that the contract ends at the end of next month.
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