n Tydskrif vir die Suid-Afrikaanse Reg - Resignation - an act that is not as straightforward as it seems? : aantekeninge

Volume 2011, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



An employment contract is a contract of a unique nature. It involves much more than just the wage-work bargain, and ordinary contractual principles are not always appropriate in the employment context. In addition, the contractual agreement in the employment sphere is ever more impacted on by legislation and collective agreements. The court in (2010 3 BLLR 221 (SCA)) pondered the issue of when a resignation can be said to be unequivocally communicated to the other party, so as to constitute a valid resignation. Recently, in (2010 5 BLLR 542 (LC)) the court considered whether there was indeed a resignation along with the question of what constitutes proper communication. The legal nature of the act of resignation (ie whether it constitutes termination, cancellation or repudiation of a contract) is determined by all relevant circumstances.

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