Resignation in the heat of the moment
An employment contract is generally terminated for various reasons and in various ways by either the employer or the employee, through the occurrence of an event or by the effluxion of time. One of the most common forms of termination is the resignation of an employee. But what happens if the employee reconsiders their resignation because he/she did so “in the heat of the moment”?
Why does this happen?
A resignation is a unilateral action taken by an employee to end the employment relationship between themselves and their employer. This means that no one other than the employee themselves has made a conscious decision to stop working for that particular employer. Over the years, labour dispute forums have had to adjudicate disputes relating to what has been termed “in the heat of the moment” resignations.
These resignations typically occur after a dispute between an employee and their employer, following a heated debate or adverse event. Fuelled by rage and anger, an employee sends a message on the company WhatsApp group that he quits. But what if he reconsiders his resignation a day later and wishes to return to his job? Is the same permissible by law? At first glance, it seems the employee has no prospect of returning to work in the event that the employer refuses to accept the withdrawal of his resignation even if he were to refer a dispute to the CCMA.
As is trite in many legal disputes the answer is dependent on the facts of each case. Written employment contracts will most certainly contain a termination clause which sets out the manner in which the employment relationship may be terminated, which may include that same be effected in writing.
Case Example
The case of Mafika v South African Broadcasting Corporation Limited [1] is illustrative of this point. In this case, the employee transmitted an SMS to the employer that he “quit with immediate effect”. The employee alleged that his resignation in the heat of the moment was prompted by unfair accusations of misconduct on his part which had been widely reported on by various news publications. He later revoked his resignation and tendered his services which his employer refused to accept. He then approached the Labour Court. He claimed payment of his remuneration from the period when he withdrew his resignation until the date when his contract would have terminated by the effluxion of time. His contention was that the SMS that he transmitted did not constitute a valid resignation. The employer contended that the resignation was valid and that it was not open to the employee to revoke his resignation before it [the resignation] was accepted by the employer.
The court held that the resignation was valid. This was so because the employee’s resignation was conveyed in writing (which was a requirement in his employment contract) and in addition that because it was a unilateral act, it was not necessary for the employer to formally accept the resignation. It was a clear and unambiguous act on the part of the employee to convey his intention to end the employment relationship. Furthermore, the revocation of his resignation came almost 2 months later and the employer had not accepted the revocation.
It would appear that in circumstances where an employee revokes his resignation within a reasonable period of time and the said revocation is accepted by the employer, the resignation would be deemed to be invalid and the employment relationship would be restored. Employers and employees alike are reminded to tread carefully in respect of disputes that relate to employment contracts and are advised to approach heated situations with calm heads. Contact Malcolm Lyons & Brivik Inc to consider any employment contract-related disputes before any steps are taken. Whether you are an employer or an employee, do not let your conduct be determined in the heat of the moment.
[1] (J700/08) ZALC 1; (2010) 31 ILJ 1477 (LC) ; [2010] 5 BLLR 542 (LC) (14 January 2010)
Sandile Mnguni (Author)
Professional Assistant at Malcolm Lyons and Brivik Attorneys Inc.
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