For employees in South Africa facing disciplinary proceedings, low performance issues, or workplace conflicts, the decision to leave or await termination can have serious financial and legal consequences.
For employees in South Africa facing disciplinary proceedings, low performance issues, or workplace conflicts, the decision to leave or await termination can have serious financial and legal consequences.
Many workers believe that immediately resigning is a safer and more dignified option. However, according to South African labour law, the choice between voluntary departure and dismissal can entail significant financial and legal risks.
When an employee resigns, they voluntarily terminate the employment relationship. One advantage of this decision is the ability to have more control over the exit process. The employee can inform potential future employers that they resigned voluntarily, rather than being fired, which simplifies discussions about their work history.
Nevertheless, resigning does not erase events that occurred during employment, and employers must provide honest and fair references. On the other hand, voluntary resignation can have substantial legal and financial repercussions.
Generally, an employee who leaves voluntarily is not entitled to unemployment benefits from the Unemployment Insurance Fund (UIF), although this depends on circumstances and applicable law. Furthermore, leaving may limit the ability to challenge the termination of employment at the Commission for Conciliation, Mediation and Arbitration (CCMA). A notable exception is constructive dismissal, which occurs when an employee ends the relationship because the employer has made continued work intolerable. Such claims are difficult to prove, so those considering this option should study the legal requirements before acting.
Dismissal is the forced cessation of employment initiated by the employer. It can be caused by misconduct, inability to perform duties, poor performance, or other legally recognized grounds.
Termination can provide the employee with access to legal remedies that are usually unavailable after a voluntary departure. An employee who considers the dismissal unfair can lodge a dispute regarding unfair dismissal with the CCMA or the relevant trade union. In most cases, such a dispute must be filed within 30 days of the date of dismissal or the employer's final decision to dismiss. Depending on the reason for termination and compliance with relevant legislative requirements, the dismissed employee may also be eligible for UIF benefits.
A disadvantage of termination is the potential negative impact on professional reputation, especially if it is linked to serious violations such as fraud, theft, or gross insubordination. This can make finding new employment difficult, particularly in industries where employers conduct thorough reference or background checks. Nevertheless, the impact of the dismissal will depend on the circumstances, the reason for dismissal, and the information legally disclosed to potential employers.
A common mistake is to resign shortly before a disciplinary hearing in the hope of avoiding dismissal. Voluntary resignation does not always lead to the immediate termination of the employment relationship. If the employee resigns with notice, the employment relationship generally continues during the notice period unless the employer agrees otherwise. Consequently, the employer may continue disciplinary proceedings while the employee remains employed. Leaving before the hearing also means forfeiting an important opportunity to respond to allegations and record one's version of events.
The choice between voluntary resignation and the risk of dismissal can have serious financial, professional, and legal consequences, as well as create significant stress for employees and their families. A hasty decision can lead to job loss and reduced opportunities for legal protection. In such situations, the assistance of professional lawyers becomes valuable. Services like Legal Leaders can help employees understand their rights, assess options, and resolve workplace disputes before making irreversible decisions.
One should not allow pressure from a manager or fear of a disciplinary hearing to push towards resignation. It is necessary to be aware of the legal and financial consequences before submitting a resignation. The law provides employees with important protection, so ensure you understand this protection before giving it up.
The South African Municipal Workers Union (SAMWU) has expressed serious concern over unpaid wages in several municipalities after the National Treasury suspended funding under the equitable share allocation.
This measure was implemented earlier this month to ensure financial discipline and proper management of public funds. It also related to eliminating unauthorized, irregular, fruitless, and wasteful expenditure (UIFWE) and holding municipal officials and officers accountable where legally stipulated.
However, SAMWU asserts that this decision has had a direct negative impact on workers, as some municipalities are struggling to pay salaries. The union stated that on the day when workers were supposed to receive their salaries and planned raises, thousands of employees were left without promised payments and increases that were meant to improve their already strained household incomes.
Workers had planned their lives and financial obligations based on receiving these payments and raises. Now they face a double injustice: being denied both their earned salary and their due salary adjustments.
The union noted that payment delays have affected several municipalities, and workers in some areas are still awaiting their remuneration. SAMWU warned that the situation could worsen if the funding problems are not resolved.
The union emphasized that the equitable share is not charity or a discretionary gift from the National Treasury, but a constitutionally recognized allocation intended for municipalities to fulfill their obligations regarding development and service provision. It added that municipalities cannot be deprived of these resources while expecting them to function as usual. Behind every unpaid salary is a worker and a family sinking into greater poverty.
Furthermore, the union demanded the immediate release of all outstanding allocations under the equitable share for the affected municipalities. SAMWU stated that municipal workers are not consumables, and their children deserve food, education, warmth, and dignity no less than the children of ministers and senior government officials.
Employees of the 'Uzbekiston Temir Yollari' transport system will receive a one-time monetary reward of 1 million soums in honor of the professional holiday—the Day of Railway Transport Workers.
This payment is timed both with the annual professional holiday, which is celebrated on the first Sunday of August, and with Uzbekistan's upcoming 35th anniversary of independence. The company emphasized that this material incentive is intended to support its employees.
Employees of all enterprises, institutions, and divisions of the 'Uzbekiston Temir Yollari' system who meet certain criteria are entitled to receive this amount. These criteria include having continuous experience in the railway sector of at least one year as of August 1, 2026, and being employed in the company's core activities. The list of recipients also includes employees on parental leave for children under three years old, as well as staff released from trade union organizations.
However, the payment does not apply to employees hired under civil law contracts, as well as seasonal staff and personnel hired on fixed-term contracts. The one-time bonus will be assigned only once to each employee, and for those working part-time, it will be paid only for the main place of employment.
To carry out this payment, enterprise managers must calculate the required amount of funds and submit the relevant applications to the Department of Economic Analysis and Forecasting. Subsequently, funding will be provided by the Finance Department. It should be noted that for system enterprises with legal entity status, this payment is advisory, not mandatory.
