An employee working for SABC decided to resign instead of face a possible disciplinary hearing against him at work. So he sent an SMS to the CEO saying that he “quits with immediate effect”
Later on Mafika changed his mind and sent an email to the CEO: “my contract still subsists. You should proceed with your disciplinary charges”
The CEO replied that it was too late because they have already accepted his SMS resignation.
Mafika referred a case to the Labour Court. He said that he felt betrayed and that the SMS was sent in a “blood rush”. He also said that he had not given any written notice of resignation and that an SMS should not count as a resignation.
After hearing the evidence, the Labour Court ruled:
- A resignation is a decision made by the employee to end the relationship.
- An SMS is a form of written communication in today’s modern world
- Mafika could not retract his SMS resignation (unless the company also agreed to retract it)
- Therefore the resignation was seen as final. Meaning Mafika’s SMS was a valid form of resignation.
- KEY TAKEAWAYS:
- Always think carefully before you send an SMS/ WhatsApp message resigning.
- If you are emotional, its better to type the angry SMS out and save it as a draft. Meaning DO NOT SEND IT. Do something else. Come back to the message later and see if you still feel the same way
- It might be better to raise a grievance at work or talk to your manager instead of resigning.
