Withdrawal of resignation does not mean an automatic rehire

post-title

An employer who accepts a resignation withdrawal should get the employee to reapply for their job.

A recent labour court judgement has made it clear that an employee who resigns and later withdraws the resignation, has to go through the recruitment process again. That is if the employer accepts the withdrawal.

In the case, an employee was suffering from an unknown illness which subsequently led him to tender his resignation with immediate effect in April 2021.

Fifteen days later, his health condition improved, and he wrote a letter to his employer seeking to withdraw his resignation.

On the same day he received a letter from the administrator who represented his employer, the Dr JS Moroka municipality, who informed him that the withdrawal of his resignation was not accepted.

The employee returned to work claiming he had not seen the administrator’s email, and received his April salary. He turned to the acting municipal manager to affirm his continued employment, and the municipal manager accepted the withdrawal a month later.

Lizle Louw, partner at Webber Wentzel says reviving a working relationship between employer and employee can only take effect in the form of a new offer and acceptance. “This offer must be made by a representative of an employer with the required authority and legal capacity to make it enforceable,” she says.

The court, Lizle says, explained that an employee retracting a resignation is effectively seeking to be re-hired or re-employed. “If both employee and employer consent to continue the employment relationship, the subsequent employment relationship will be based on a new offer and acceptance of employment,” she says.

“The employee's argument that his employment relationship continued unaffected because he reported for duty and received a salary had to fail. The unilateral retraction could not hold.”

Related articles

The next HR transformation is bigger than technology

A successful HR transformation used to mean getting the technology right, embedding new processes and reaching go-live. Today, that is only part of the story. The real challenge is building an organisation that can continue to adapt long after the project is complete.

CHRO Webinar: When HR has no time for HR

HR leaders know where they want to go. The challenge, according to Sage vice-president for medium business, Africa and Middle East Gerhard Hartman, is finding the time and capacity to get there.

Empowering women is an investment in the future of work

Women’s empowerment in the workplace is often discussed in the language of representation, targets and transformation. Those measures matter. But they are not the destination; they are evidence of whether we are changing the conditions in which women enter, grow, lead and succeed. The question is no longer whether organisations can afford to invest in women. It is whether they can afford not to.

Top