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OPINION | Can you resign to avoid disciplinary action? A recent court ruling suggests not

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An employee facing disciplinary action may opt to resign in order to avoid an inquiry or possible dismissal. But in a recent case, an employee was dismissed despite already having resigned, say the authors. 

It is common for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employer to go through any disciplinary process.  

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