Employees who wish to resign with immediate effect, to avoid disciplinary action and possible dismissal, need to be aware that the latest Labour Appeal Court decision handed down has ruled that this termination by an employee does not absolve the employee from his/her misconduct and in terms of the BCEA the employer is entitled to pursue disciplinary charges against the employee. This may have serious ramifications for employees where there misconduct also amounts to criminal action, such as theft or fraud, and accordingly the employer would be entitled to pursue not only civil action against the employee for failure to serve the notice period as contemplated in terms of the BCEA but also the employer may be entitled to deduct the amount so found to be owing by the employee to the employer as a consequence of his/her misconduct. This is over and above any criminal action the employer wishes to institute.
