Handling Short Notice Resignations

Retaining employees is often overlooked by employers and small businesses. Evidence shows that employers who fail to keep their employees happy and satisfied will one way or the other suffer the consequences. The most unforeseen in the world full of competition and a lot of instabilities is that of short notice resignation.

Employees leave for greener pastures and that's within their right. As an employer if you fail to retain your employees, let them leave if they wish to explore better opportunities elsewhere.

When employee resigns, the employer is supposed to process employee's terminal benefits in full. However, it's a common practice for most employers to hold employee benefits for those who resign without serving notice claiming compensation for short notice resignation.

The right of an employee to terminate a contract of employment on notice is recognized at common law. It is also recognized by statutes although Zimbabwean new amendment labour bill does not recognize the term 'notice' (Section 12.4a). Meaning to say an employee is allowed to resign without serving notice and the employer has the duty to accept employee’s resignation letter.

While we acknowledge that not serving notice period is a breach of employment contract as may be governed by the contractual terms or other statutes, if you as an employer feel aggrieved you can claim compensation from the civil court or any responsible authority after proving beyond reasonable doubts that you have suffered any losses due to short notice. The losses have to be quantified.

The common practice by most employers whereby they withhold pay or a package they deem equivalent to 3 months' notice period is illegal. There is no equivalence of the 3 months' notice pay deduction to the actual quantifiable damages suffered by business due to short notice.

HR specialist and payroll specialist it's your duty to advise employers on the proper course of action to follow should the employee decide to resign with immediate effect without automatically holding employee's terminal benefits. Note that in Zimbabwe withholding employee's terminal benefits in Zimbabwe is regarded as a criminal offense and may attract serious penalties. Let's be compliant and follow proper channels.