Dismissals with Immediate Effect: A Different Approach
In a previous ENSight, we discussed the decision of the Labour Court in Mtati v KPMG Services (Pty) Ltd. In this case, it was decided that employees may not be disciplined if they have resigned “with immediate effect”. The resignation is regarded as terminating the contract of employment immediately and the consequence is that the employer is denied the opportunity to pursue disciplinary action against the employee. A subsequent dismissal will be null and void. This judgment has been criticised and is considered to be controversial.
The relief sought was based on the allegation that, at the meeting on 16 May 2018, the applicant had resigned with immediate effect. The court refused to grant the applicant the relief sought. It did so on the basis that the employer had not, on the facts as established in the affidavits, accepted the dismissal with immediate effect.
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