What should an employer do in circumstances where, following a disagreement, the employee provides a written resignation, however changes his / her mind a couple of days later and asks for the job back?

The common law rule with respect to resignations is that once notice of the resignation has been given it cannot be unilaterally withdrawn. Of course, there is nothing preventing both the employer and the employee agreeing to the withdrawal of the resignation.

The restriction on unilateral withdrawal of a resignation can lead to difficulties in circumstances where an employee seeks to withdraw their resignation. In circumstances such as this, it may be advisable for the employer to err on the side of caution and provide the employee with the opportunity to retract their resignation. Employers are advised to provide employees with this opportunity to ensure that the initial action by the