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In Article Archive, Privateby Barney Jordaan6 Comments

May an employee withdraw a notice of termination and must the employer accept the withdrawal? And is there a distinction between desertion and resignation without proper notice?

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  1. Hi my daughter was called in and told that she had two choices: resign with immediate effect or go to disciplinary enquiry for being off sick often recently (she has not had any written or verbal warnings in this regard). She is young and this is her first experience of this sort. She panicked and signed her resignation letter.
    Can she retract her resignation? She is a contractor. Thanks

    1. Reply to Mish: A resignation cannot be retracted. The only thing she can do is to challenge the validity of the resignation on the basis that it was done under duress. Considering that she had the option to state her case in a disciplinary hearing, that would be difficult to prove.

  2. My daughter gave 4weeks written notice, within 10 days she spoke to her employer ,an asked to retract it . Her employer verbally accepted, an asked my daughter to put it in writing , which she did there an then in the office . Her employer took the letter an said it was fine , an had been withdrawn . She has since received a letter saying she no longer is employed by them .. Please advise , her boss will not even talk to her !!

    1. Reply to Hayley: Based on the information provided, it was agreed that she would remain in employment. The employer’s actions would therefore amount to dismissal. Your daughter may refer the matter to the CCMA.

  3. Hi

    A colleague of mine resigned,he had received a job offer that happened to be one of those international faud cases. The very same day he tries to retract his resignation,the resignation had been accepted, so the retraction t was not approved thus now he is in a bitter situation. please advise on how to proceed with a matter like this one.

    1. Reply to Sifiso: A resignation is effective from the moment that it is effectively communicated to the employer. If the employer does not agree to the “retraction”, that is the end of the matter – there is no recourse against the employer.

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