The questions before the Labour Court in Mohlwaadibona v Moroka Municipality (J718/21) [2022] 2ALCJHB66 were threefold:
- What is the effect of resignation on the employment relationship?
- When does a resignation take effect?
- Can a resignation be unilaterally withdrawn? If not, what would be required to revive the employment contract?
The court held that resignation takes effect the moment it is communicated to the employer and is incapable of being withdrawn unless the employer consents to it.
The only way to revive the contract between the employer and the employee would be through a new offer and acceptance by the employer. This is equivalent to rehiring or re-employment.
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