Many truck drivers and transport workers find themselves asking the same difficult question when workplace problems arise: Should I resign before I’m fired, or should I wait for my employer to make the decision?
Whether you’re facing disciplinary action, poor performance allegations or a strained relationship with your employer, the decision could have a major impact on your finances, your legal rights and your ability to claim benefits.
While resigning may seem like the easier option, labour law experts warn that it can sometimes cost employees far more than they realise.
Don’t Rush Into Resigning
Resigning is a voluntary decision to end your employment. Although it may help avoid the stigma of being dismissed, it can also mean giving up important legal protections.
In many cases, employees who resign voluntarily may not qualify for Unemployment Insurance Fund (UIF) unemployment benefits, unless specific circumstances apply.
Resigning can also make it more difficult to challenge the end of your employment through the Commission for Conciliation, Mediation and Arbitration (CCMA). One notable exception is constructive dismissal, where an employee resigns because the employer has made continued employment intolerable. However, these cases are often difficult to prove.
Waiting for Dismissal May Protect Your Rights
Being dismissed is never pleasant, but it doesn’t automatically mean you’ve lost your rights.
If you believe your dismissal was unfair, you may be entitled to refer the matter to the CCMA or the relevant bargaining council. In most cases, disputes must be referred within 30 days of the dismissal.
Depending on the circumstances, employees who are dismissed may also qualify for UIF benefits.
However, dismissals involving serious misconduct such as theft, fraud or gross insubordination can affect future employment opportunities, particularly where employers conduct reference or background checks.
Can You Resign Before a Disciplinary Hearing?
Many employees believe resigning before a disciplinary hearing will make the process disappear.
That’s not always true.
If you resign by giving notice, you generally remain an employee until your notice period expires, unless your employer agrees to release you immediately. During that period, your employer may still continue with disciplinary proceedings.
Walking away before the hearing may also mean losing the opportunity to present your side of the story.
Truck Drivers Should Think Carefully
The trucking industry is under constant pressure. Accidents, customer complaints, vehicle damage, missed deliveries and compliance issues can all lead to disciplinary action.
If you’re employed as a truck driver, don’t make an emotional decision after receiving a warning letter or being called into a disciplinary hearing.
Instead:
- Ask for the allegations against you in writing.
- Seek advice from your union, legal representative or labour consultant where necessary.
- Attend the disciplinary hearing and present your case.
- Understand exactly what you’re giving up before submitting a resignation letter.
Voluntary Severance Is Different
It’s also important not to confuse resignation with a voluntary severance package.
Several years ago, SA Trucker explained how voluntary severance packages work and why employees should carefully consider the offer before accepting one.
Unlike a resignation, a voluntary severance package is usually offered by an employer during a restructuring or workforce reduction. It often includes financial compensation and may have different tax and UIF implications.
If your employer offers a voluntary severance package, make sure you understand the payment, tax implications and your future employment options before signing any agreement.
The Bottom Line
Every employment situation is different.
Resigning may protect your reputation in some cases, but it can also reduce your legal options and affect your ability to claim UIF benefits. Waiting for your employer to complete a fair disciplinary process may preserve rights that would otherwise be lost.
Before making a decision that could affect your income and your family’s future, take time to understand your rights and seek professional advice where necessary.
A resignation letter takes only a few minutes to write, but its consequences can last much longer.
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