17/07/2025
⚖️ Resignations aren’t always as simple as they seem - Negotia breaks it down clearly, with real legal examples and expert advice.
CAN A RESIGNATION BE WITHDRAWN?
In South African labour law, the act of resignation is definitive and unilateral, effectively terminating the employment relationship. Once an employee communicates their resignation, either verbally or through written notice, it is legally binding and marks the intent to end their employment contract. Importantly, a resignation is not dependent on the employer’s acceptance thereof.
The only factor that influences a resignation of an employer is whether the notice given to the employer is within accepted notice periods as set out in the Basic Conditions of Employment Act and the specific employment contract. If not, then it is not a valid way to terminate a contract of employment.
The decision of an employee to resign is considered final and cannot be withdrawn unilaterally without the explicit consent of the employer, as it impacts the contractual obligations of both parties.
Resignations are governed by the principles of contract law and employment regulations. An employee's resignation serves as a clear declaration of their intention to cease working for the employer, usually effective upon the stipulated notice period. Importantly, there is NO obligation on an employer to accept the withdrawal of a resignation once it has been submitted, unless both parties mutually agree to reinstate the employment relationship.
Several court cases have reinforced this principle, establishing that resignations, once tendered, are irrevocable unless exceptional circumstances warrant otherwise.
• In 2010 in Lottering v Stellenbosch Municipality (2010) the court highlighted that an employer has the right to accept a resignation as final and is under no obligation to allow its withdrawal. The court ruled that the employee’s initial resignation was binding, and the withdrawal attempt was invalid without the employer’s agreement.
• In 2012 the labour court reiterated the previous viewpoint in CEPPWAWU obo Mashego v PFG Building Glass. In this case, the employee sought to revoke their resignation, claiming emotional distress. The Court emphasised that unless undue influence or coercion can be proven, the resignation remains effective.
• In 2014 the Court underscored previous decisions in Kalipa v KPMG Services (2014) where it was stated that a resignation is final unless both parties agree to reverse the decision. The judgment provided clarity on the importance of consent in any attempt to withdraw a resignation.
While the general rule is that resignations cannot be withdrawn, there are rare exceptions. This includes situations where the resignation was tendered under duress, coercion, or undue influence, making it voidable under contract law. For such cases to succeed, the burden of proof lies with the employee to demonstrate that the resignation was not voluntary.
Employers should approach resignations with care, ensuring they document all communication and provide clear responses to resignation notices, thus helping to maintain legal clarity and avoids disputes. For employees, it is crucial to carefully consider the implications of resignation before submitting formal notice, as the decision is generally irreversible.
In conclusion, South African labour law upholds the principle that resignation is a decisive act, reinforcing the importance of mutual agreement for any attempts at withdrawal. Employers and employees alike must navigate this process with awareness of its legal implications and precedents.
Need guidance on handling resignations, disputes, or contract clarity?
At Negotia Labour Practitioners, we help both employers and employees navigate the complexities of South African labour law with confidence and compliance.
