February is often seen as the month of connection, relationships, and change. In the workplace, however, it frequently becomes the month of sudden resignations, emotional exits, and employers scrambling to protect operations.
Whether it is post-holiday reality setting in, employees responding to new-year pressure, or workplace tensions bubbling over after peak season, February is a high-risk period for staff turnover — and for many businesses, it becomes the month where “I resign with immediate effect” messages appear unexpectedly on email or WhatsApp.
For employers, resignations are not just an HR inconvenience. They are a legal and operational event that must be handled correctly, because mishandling resignations can create serious consequences: unfair labour practice disputes, claims of constructive dismissal, wage disputes, reputational damage, and major operational disruption.
In this article, we unpack why February resignations spike, what South African labour law says, the legal traps employers fall into, and the step-by-step process to handle resignations professionally and defensibly.
Why February Is a High-Risk Month for Resignations
Most employers expect resignations around November or December — when employees plan life changes for the new year. But the reality is that February often brings the real wave.
There are several common reasons for this:
Employees return from the festive season with fresh perspective, and they reassess whether they still want to stay in the same role. Others receive job offers that start in early March, which makes February the most practical time to resign. Many employers also intensify performance expectations in January, and by February, staff who feel under pressure may exit emotionally rather than strategically.
In high-turnover industries such as retail, hospitality, logistics and security, February is often the month where absenteeism turns into resignations, and resignations turn into disputes.
Resignation vs Dismissal: Why the Difference Matters
One of the biggest legal risks employers face is when a resignation is later disputed as a dismissal.
Resignation is when the employee terminates the employment relationship. Dismissal is when the employer terminates it. While this sounds simple, disputes arise when:
- the resignation was verbal or emotional
- the employee claims they were forced to resign
- the employer reacts aggressively and “accepts” a resignation in a way that looks like a dismissal
- the employee resigns and then alleges unfair treatment (constructive dismissal)
In South African labour law, constructive dismissal is recognised as a form of dismissal where the employee terminates employment because the employer made continued employment intolerable. This falls under section 186(1)(e) of the Labour Relations Act (LRA).
This is why employers must be careful not to treat every resignation as a “win” or an emotional escape route. A resignation can become a dispute if the process is not handled cleanly.
The Legal Framework: What Employers Need to Know
Employers should understand three core legal principles about resignation in South Africa:
1. Employees Must Give Notice (Unless You Agree Otherwise)
Notice periods are regulated in section 37 of the Basic Conditions of Employment Act (BCEA).
In general, notice must be at least:
- One week if employed for 6 months or less
- Two weeks if employed for more than 6 months but less than 1 year
- Four weeks if employed for 1 year or more
Contracts may provide for longer notice periods, but not shorter than the minimum required by law unless a collective agreement permits it within the BCEA framework.
For employers, this means the notice requirement is not “optional”. It is legally binding unless you explicitly agree to waive it.
2. “Immediate Resignation” Can Be a Breach of Contract
One of the most stressful messages an employer receives is:
“I resign with immediate effect.”
Legally, when an employee resigns immediately without serving their notice, it may constitute breach of their contractual notice obligation, unless the employer accepts it.
This becomes an important employer decision point: do you enforce the notice period and require the employee to work it, or do you accept immediate resignation and focus on protecting operational continuity?
Either way, the employer should document the decision clearly, because uncertainty creates risk later.
3. Employers Cannot Simply Withhold Final Pay Because the Employee Walked Out
Many employers assume that if an employee resigns without notice, the business can withhold their final salary or leave pay. This is a very risky approach.
Deductions from remuneration are regulated, and employers generally cannot make deductions unless lawful and properly agreed. Practical labour guidance notes that employers must still pay employees, even if they failed to work notice, unless deductions are properly authorised.
This is why employers should avoid emotionally “punishing” employees through payroll actions. In many cases, it creates a second dispute (wage dispute) on top of the resignation itself.
The Most Common February Resignation Patterns Employers Must Prepare For
February resignations tend to follow specific patterns, and each one requires a slightly different employer response.
Pattern 1: The Emotional Resignation After Conflict
This often happens after a disciplinary meeting, performance discussion, or conflict with a supervisor.
Examples include:
- “I’m tired of being disrespected. I resign.”
- “I’m done. I’m leaving today.”
- “This place is toxic. I’m resigning immediately.”
Employer risk: the employee may later claim the resignation was not voluntary or that they were pushed out.
Employer response: treat it as a serious legal event, not a casual statement. Confirm intent, follow up in writing, and keep your tone professional.
Pattern 2: The WhatsApp Resignation
Many resignations now happen by WhatsApp or voice note.
While resignation is ideally documented, modern labour guidance recognises that electronic communications can qualify as writing in many contexts.
Employer risk: the resignation message is vague, unclear, or later denied.
Employer response: immediately send a written acknowledgement confirming the resignation, notice period expectations, and the final date of work.
Pattern 3: The “I Resign to Avoid Discipline” Attempt
This happens when an employee resigns during an active disciplinary process to try avoid accountability.
There are different legal perspectives and outcomes in this space depending on the facts. Some labour commentary highlights complexities around resignation in the face of discipline, and the employer’s ability to proceed may depend on whether the resignation is valid and compliant with notice obligations.
Employer risk: you lose control and cannot properly finalise the process, or the employee returns later alleging unfairness.
Employer response: employers must respond carefully, document timelines, and take advice before assuming discipline is “over”.
Pattern 4: The Strategic Resignation With Proper Notice
This is the ideal resignation: written, professional, and planned.
Employer risk: operational handover failure.
Employer response: accept resignation in writing, confirm notice period, confirm final working date, and create a structured handover plan.
Step-by-Step: The Employer’s Legal Process When an Employee Resigns
Employers should aim for consistent, repeatable, defensible steps. Here is the best-practice framework:
Step 1: Confirm Resignation Intention Clearly
The resignation must be clear and unambiguous. If the employee is emotional or vague, employers should not assume.
Your job is to remove ambiguity.
A simple response works best:
“Please confirm that you are resigning from your position voluntarily, and whether you intend to work your contractual notice period.”
Step 2: Request Resignation in Writing (Even If It Was Verbal)
While resignations can be valid without a formal letter in some circumstances, written resignation reduces disputes.
If the employee refuses, the employer should still document the resignation by confirming it in writing with a witness statement if needed.
This becomes critical in CCMA disputes where the employee later claims:
“I didn’t resign. I was dismissed.”
Step 3: Issue a Written Acknowledgement Letter
Your acknowledgement letter should include:
- date resignation received
- notice period required
- final working day
- handover expectations
- return of company property
- payroll outcomes (leave pay, deductions if applicable, etc.)
This letter protects the employer and sets clear expectations.
Step 4: Decide What to Do About Notice Period
Employers have three options:
- require the employee to work notice normally
- waive notice and release the employee early
- negotiate a shorter notice period with written agreement
If the employee resigns immediately without notice, you can treat it as breach, but practically many employers accept it to limit disruption.
Your decision should be practical, but also documented.
Step 5: Manage the Handover Like a Compliance Matter
The handover is not just operational — it’s risk control.
Employers should secure:
- passwords and access
- client lists and files
- stock / keys / devices
- project documentation
- system log-outs
- confidentiality obligations reminder
In some roles, employers should restrict system access immediately after resignation.
Step 6: Conduct an Exit Interview (Even Briefly)
Exit interviews are valuable because they can highlight risk before it becomes a dispute.
For example, if the employee says:
- “I’m leaving because I’m being bullied.”
- “I’m leaving because my manager is targeting me.”
The employer should not ignore it. It may indicate a complaint or future constructive dismissal claim.
Realistic Employer Case Examples (Fictional but Common)
Example 1: The February Walkout in Retail
A cashier is counselled for repeated late coming. She sends a WhatsApp message that evening:
“I resign with immediate effect.”
The employer replies:
“Okay, don’t come back. You are dismissed.”
That single message turns a resignation into a dismissal dispute. The employee later claims she was dismissed unfairly and files at the CCMA.
Employer lesson: never use dismissal language. Always acknowledge resignation professionally and clearly.
Example 2: The February Resignation After a Disciplinary Charge
A supervisor is issued with a notice to attend a disciplinary hearing for misconduct. The next morning he resigns “with immediate effect”.
The employer assumes the matter is closed. Two months later, the employee alleges that he was forced out and that the workplace became intolerable.
Employer lesson: resignation does not automatically erase risk. Employers must keep records, respond consistently, and ensure procedural fairness across events.
Example 3: The “Resignation” That Was Actually Constructive Dismissal
An employee resigns after months of being humiliated publicly by a manager. The employee later refers a dispute claiming constructive dismissal.
Under the LRA, constructive dismissal is treated as a dismissal where the employee terminated employment because continued employment became intolerable due to the employer’s conduct.
Employer lesson: repeated conduct failures can convert resignation into legal exposure.
How Employers Can Reduce February Resignation Risk
If resignations are increasing in your business, don’t only blame the labour market. Focus on what you can control.
Employers who reduce resignation spikes typically improve:
- manager training
- performance management systems
- fair discipline consistency
- workload planning
- clear policies and boundaries
- communication during peak season pressure
When employees feel processes are fair and consistent, impulsive exits drop sharply.
Final Thoughts: Loyalty Is Built Through Structure
Workplace loyalty is not created through speeches or incentives alone. It is built through consistency, fairness, and clear leadership.
When resignations happen, employers must respond like professionals: calmly, legally, and with written proof. Even when a resignation is sudden or emotional, a structured response protects the business and reduces the risk of disputes escalating later.
If February resignations are affecting your business, it is a sign that your systems need tightening — not that your people are “the problem”.
Disclaimer
Labour Law with Luzan caters for employers only. Employees seeking legal counsel should contact an attorney in their area. Employers are welcome to contact Labour Law with Luzan for contracts, disciplinary processes, compliance support, and HR documentation. Labour Law with Luzan works nationwide across South Africa.
