What happens if an employee resigns after disciplinary proceedings have commenced?

If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure? If the employee resigns with immediate effect, their employment will terminate.

Can a disciplinary report be retained after resignation?

However, the disciplinary information collated should still be retained for a period of up to one year after the employee’s resignation, because it may be needed as evidence should the employee subsequently try to claim constructive dismissal or unlawful discrimination in relation to the conduct of the disciplinary proceedings.

Can a person still be employed during disciplinary proceedings?

The employee is still employed during this period and there is no reason why they should avoid a possible disciplinary sanction just because they have chosen to resign.

What happens if an employee resigns with notice?

If the employee resigns with notice, as a general rule the disciplinary procedure should be progressed to its conclusion during the employee’s notice period. The employee is still employed during this period and there is no reason why they should avoid a possible disciplinary sanction just because they have chosen to resign.

What happens if you resign after a disciplinary enquiry?

The disciplinary enquiry can then proceed in the absence of the employee. Should an employee be found guilty, the termination of the employment relationship will be reflected as a dismissal and not resignation.

What happens if an employee resigns due to unfair dismissal?

Therefore, if an employee resigns after a disciplinary enquiry is held into his conduct and he is found guilty, he cannot then refer a dispute to the CCMA for unfair dismissal.

Is an employee able to avoid a disciplinary hearing or sanction?

Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning? It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship. The employer may not reject such resignation.

When to continue the disciplinary process with an employee?

Whether or not you should continue the disciplinary procedure will depend on whether the employee has resigned with notice or resigned with immediate effect. If an employee gives notice of their resignation… …you should continue the process.