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Sacked minister resigns from parliament! Are you aware of the two requirements to confirm a resignation?

by , 29 July 2013
Former co-operative governance and traditional affairs minister Richard Baloyi has resigned as an MP. Baloyi's resignation comes after President Jacob Zuma's sacked him in his cabinet reshuffle last month. Parliament spokesperson Luzuko Jacobs toldNews24 that Baloyi gave his resignation notice a day after he was fired. He didn't give reasons for his resignation. While your employees may not be high ranking officials, it's important you know how to handle their resignations efficiently. Here are the two things you'll need to confirm your employee's resignation.

Your employee's resignation won't be valid and effective unless these two conditions are met.

Two requirements to confirm a resignation

#1: To be valid, your employee's resignation must either be in words or shown in conduct

For example, let's say Pamela's told her colleagues she's resigned with effect from the end of the month. But neither the HR department nor her line manager's received her resignation. The company writes to Pamela asking her to confirm if she's resigned. The letter also says if no response's received, they'll assume she confirms her resignation. Pamela doesn't respond and leaves work at the end of the month. By Pamela's conduct, she's indicated she's resigned.

It's a good idea to always ask your employees to confirm their resignation and the date they plan to stop work in writing. This'll be confirmation that your employee has resigned. It'll also help you later on if your employee claims she was dismissed and didn't resign.

#2: A resignation will be valid if your employee shows a clear, unconditional and unambiguous intention not to carry on with the employment contract

According to the Practical Guide to Human Resources Management, the Labour Appeal Court has previously ruled that the test for deciding if an employee's resigned or not is whether his conduct leads a reasonable person to the conclusion he didn't intend to fulfil his part ofthe contract.

There you have it. The two requirements your employee's resignation must meet to be valid.

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