Don't Get Hooked: How to Handle Resignations the Right Way
In business, people come and go. But how you handle an employee’s resignation, especially one triggered by conflict, can make or break your company’s legal standing and workplace culture.
At SIHR, we’ve seen it all: from employees storming out mid-shift to managers unintentionally escalating a situation – turning what could have been a resignation into what’s legally viewed as a dismissal. This often happens when a manager reacts emotionally or takes action before confirming the employee’s intent in writing. That’s why we’re sharing expert-backed tips to help your business handle resignations properly, reduce risk, and keep operations running smoothly.
Why it matters: Mishandled resignations can land you at the CCMA – even if your intentions were fair.
The “Fishy” Case That Cost a Business R40,000
A recent CCMA ruling (De Gruchy v Vissery, 2025) serves as a cautionary tale for employers.
A cook on a fishing vessel had a dispute with the captain over food quality. After tensions boiled over, the cook expressed his desire to return to hotel work. The skipper turned the boat around, arranged his transport, and recorded the incident in the ship’s logbook.
The employer believed the employee had resigned. But the CCMA saw it differently: the employee hadn’t submitted a formal resignation. The Commission ruled it a dismissal, and because proper procedure wasn’t followed, the employer had to pay R40,000 in compensation – even though the dismissal was substantively fair.
Key takeaway: Intent doesn’t matter if the process isn’t followed.
(Source: LabourGuide.co.za, April 2025)
Avoid Legal Hooks: Tips for Handling Resignations
1. Confirm Intent – Don’t Assume
Before you act on what an employee says in a heated moment, make sure their intent to resign is genuine. Offhand comments like “I’ve had enough” or “I should just quit” are not the same as a formal resignation. If you’re unsure, ask the employee directly and calmly whether they are officially resigning. This avoids assumptions and gives you a clear basis to proceed.
2. Get It in Writing – Every Time
A written resignation is essential, especially if a dispute arises later. Ask the employee to provide a signed letter or an email that clearly states their intent to resign and their proposed last working day. If they choose not to or are unable to provide one immediately, and the resignation is verbal, ensure that there are at least two witnesses present. Afterwards, document the conversation thoroughly to protect all parties involved.
3. Respond in Writing
Once you receive a resignation, respond in writing. Your response should confirm that the resignation is accepted and voluntary. Clearly state the required notice period (based on the employment contract), the final working day, and any important handover or leave arrangements. This serves as a formal record and can prevent misunderstandings later on.
4. Conduct an Exit Interview
Exit interviews are more than just a formality. They allow you to gain insight into what might have contributed to the employee’s departure. Importantly, it’s also a chance to document their final thoughts and confirm that their decision to leave was voluntary and informed. This adds an extra layer of protection for your business and shows that you take employee feedback seriously.
5. Train Your Managers
Frontline managers are often the first point of contact when an employee resigns – especially during conflicts or high-stress periods. It’s important that they know what to say (and what not to say). Provide your managers with basic training on how to handle resignation discussions, how to de-escalate emotional moments, when to involve HR, and how to document the situation correctly. A little guidance goes a long way in avoiding future legal trouble.
6. Stay Calm During Conflict
In emotionally charged situations, it’s easy to say something that could be legally interpreted as a dismissal – even if the employee threatened to resign first. Telling someone to “just leave” or reacting impulsively could be used against you in a CCMA dispute. Instead, take a step back. Pause the conversation, let emotions settle, and bring in HR or a senior representative to continue the discussion professionally.
Why This Matters for Employers
Improper handling of resignations not only increases your legal risk but also affects your team’s morale and your company’s brand. When employees see that resignations are handled fairly and professionally, it sends a message that you value your people – even when they’re leaving. That goes a long way in building a healthy workplace culture.
At SIHR, we specialise in helping South African businesses navigate complex workforce challenges, including resignations, disciplinary processes, and temporary staffing transitions. Whether you need help drafting policies or managing exits, we’re here to support you with practical, compliant HR solutions.
Different Situations, Different Strategies
Not all resignations follow the same script. Here’s a quick guide on how to handle different scenarios:
Immediate resignation (no notice)
You can deduct notice pay if the employment contract allows for it. Always confirm the resignation in writing and explain the deduction clearly.
Employee resigns during disciplinary process
If the misconduct is serious (e.g. theft or fraud), you may still proceed with the disciplinary hearing to protect your business interests. Ensure proper documentation.
Resignation in conflict
Confirm in writing that the resignation was voluntary. Avoid emotional language and keep a detailed written record of what was said and agreed.
“Silent quitting” – employee stops showing up
Only treat the situation as desertion after reasonable attempts to contact the employee have failed. Follow your absenteeism or abandonment policy to stay compliant.
Need Help With HR Headaches?
If you’re unsure how to navigate tricky resignations or want to review your policies, contact us today. We’ll help you stay on the right side of the law — and your people.
