Posted by: Mike | 2009/04/16

Resignation prior to Hearing

If an employee has been placed under suspension, with the hearing scheduled for next Thursday:

Can he/she resign prior to the hearing, thus avoiding the hassle and drama?

Termination of employment is subject to 30 days notice.

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Our expert says:
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Re: Resignation prior to Hearing

An employee can resign prior to the hearing to avoid the hassle and the drama. The termination is subject to 30 days but if the employee doesn't want to accept the 30 days notice and wants to avoid the hearing the employee can resign with immediate effect and lose out on this payment.

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Our users say:
Posted by: boo | 2009/04/17

As far as I know, the person can choose to resign rather than come for a hearing, but the hearing can still proceed so that it is on the record. I often have employees resigning rather than coming for their hearings (I' m responsible for the discipline of 1400+ employees) and they usually resign with immediate effect, thereby forfeiting their notice period. A resignation is preferable to a dismissal, in my opinion, as dismissals are so often contested at ccma. However, if your case against the employee is rock-solid, and the person was suspended because their presence at work was intolerable, then perhaps it' s best to proceed with the hearing and possibly summary dismissal.

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