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Assignment 2 MRL3702

An employee cannot unilaterally withdraw their resignation without the employer's consent. According to case law, a resignation is effective immediately upon tendering it to the employer, regardless of whether the employer accepts it or not. However, in some cases where an employee resigned in a moment of weakness or anger and shortly thereafter asked to retract it, a court found that refusal to accept the retraction could constitute an unfair labor practice depending on the circumstances. It is advisable for resignations and acceptances to be in writing to avoid any misunderstandings. While an employer has no obligation to accept a withdrawn resignation, they may choose to do so for operational or business reasons.

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Vhulenda Mauda
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320 views3 pages

Assignment 2 MRL3702

An employee cannot unilaterally withdraw their resignation without the employer's consent. According to case law, a resignation is effective immediately upon tendering it to the employer, regardless of whether the employer accepts it or not. However, in some cases where an employee resigned in a moment of weakness or anger and shortly thereafter asked to retract it, a court found that refusal to accept the retraction could constitute an unfair labor practice depending on the circumstances. It is advisable for resignations and acceptances to be in writing to avoid any misunderstandings. While an employer has no obligation to accept a withdrawn resignation, they may choose to do so for operational or business reasons.

Uploaded by

Vhulenda Mauda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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SURNAME & INITIALS: : Vhulenda Mauda

STUDENT NO: : 61831336

ASSIGNMENT NO: : 02

SUBJECT CODE: : MRL3702

DUE DATE: : 06 April 2022


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As a general principle an employee cannot retract his or her resignation without the employer’s
consent. If an employee can show that the employer failed to accept his resignation, he can
withdraw his resignation at any time before acceptance. (“Can an employee resign, then a week
or so later withdraw the resignation?”)

A contract of employment between the employee and the employer can be terminated by
agreement between the parties (the employee resigns, and the employer accepts the resignation).
(“Can an employee resign, then a week or so later withdraw the resignation?”) If the employee
changes his mind, it is too late unless the employer agrees. In other words, the employee has no
legal right which entitles him to unilaterally withdraw his resignation.

In Nashwa v Unisel Gold Mine [1995] 9 BLLR 132 (IC), two conflicting versions of the events
leading up to the applicant’s (the employee) dismissal were put to the court. "The applicant
alleged that he had been dismissed, the respondent (the employer) that he had voluntarily
resigned." (“Can an employee resign, then a week or so later withdraw the resignation?”) In the
court’s view, when an employee voluntarily resigned in a moment of weakness or anger and
shortly thereafter approached his employer to retract his resignation, a refusal to accept the
retraction could in appropriate circumstances amount to an unfair labour practice. However, the
application was dismissed as the court accepted the respondent’s version.

When an employee resigns, it is advisable that the employer insists that such resignation must be
in writing. Conversely, the employer must confirm its acceptance of the employee’s resignation in
writing. When a resignation is in writing and the employer accepts the resignation in writing, there
is no misunderstanding and/or misinterpretation of the resignation and the acceptance thereof. If
both the resignation and acceptance are done verbally, it may cause the aforesaid. In any
circumstance, the employer has the right to waive the acceptance of the resignation if it so
wishes, or it may accept the withdrawal of the resignation for good reason, based on operational
and business requirements. (“Can an employee resign, then a week or so later withdraw the
resignation?”)

The only factual dispute between the parties could be whether the employer had accepted the
resignation but subject to the condition that a 30-day notice period would apply.

The decision made on the case of African National Congress v Municipal Manager, George Local
Municipality, and others [2010], wherein it was held that “resignation must be effective
immediately or from a specified date, and being a unilateral legal act, it does not need to be
accepted by the intended recipient to be effected.”

"When the employee tendered her resignation, it did not matter that the employer sought to place
a condition on the resignation, or whether it accepted the resignation or not at all." (“Refusal to
accept retracted resignations does not constitute ... - Cofesa”) Resignation is a unilateral act. The
employee could have resigned immediately, left the employer’s premises, and faced the
consequence of the employer trying to recover an amount equivalent to her notice pay. Rather,
the employee worked out her notice period. This, however, did not mean that her resignation was
no longer effective; it simply meant it would come into effect at the end of the notice period.
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Once the resignation has been tendered, the employee’s employment will terminate. Should the
employee wish to retract their resignation, the employer will have to consent to it.
.
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