Thus, in legal parlance, voluntary resignation is also called “termination by employee just cause.” Resignation letter normally contains explicit words expressing employee’s intention to terminate his employment. The common practice of allowing an employee to resign, instead of terminating him for just cause so as not to smear his employment record, also fall under the category of voluntary resignation. The employee may resign for whatever reason, or even for no reason at all.An understanding of the principles of the law of evidence and how they are interpreted and applied in practice is essential to the proper functioning of our courts.Twenty years after this compilation of cases and statutes was first published in 1997, this new fifth edition marshalls a carefully-chosen selection of 37 of the most significant cases that illustrate the relevant legal principles.Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. In one case, the Supreme Court held that a memorandum written by the employee containing his deep resentment towards his superior juridically constituted a letter of resignation. However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself.
The stated purpose of this compact guide is to equip readers not only with the theoretical knowledge required to comprehend and assimilate the subject matter, but also to acquire the skills, aptitudes and competencies necessary to analyse and solve issues and disputes that arise from the process of applying South African criminal law procedure, both to adult accused persons and to child offenders.
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The Labor Code requires the employee to give an advance notice to the employer of his intention to resign.
Even if the employee did not expressly indicate his intention to resign (neither of the words “resign” or “resignation” was mentioned), the resentful and sarcastic tone of the memorandum was held to be sufficiently indicative of such intention.