Can my employer charge me for fraud after ive worked my notice period
I have been working for a bank for the past year. I gave my notice of resignation last month and on my last working day we did a takeover on one of the safes i was incharge of and found a shortage. My rmployer said she was going to put me on reds and say i comited fraud by force balancing my safe the previos day. But i had not opened the safe therefore did not count it. My contract legaly finishes today . I just want to find out can she stil do this if im no longer and employee .
Category: Labour and Employment, General
Region: South Africa, Freestate
1 Answer
In Kynoch Fertilizers Limited v Webster [1998] 1 BLLR 27 (LAC), the court held that the moment employee tendered resignation letter and it is accepted by the employer, it is a settlement. This means that any right that may have accrued to the employee by virtue of the dismissal is lost. So like in your case, you made the choice and cannot be entitled to seek the relief of reinstatement or compensation.
Now to answer your question: you are faced with a serious criminal allegation of fraud. Your employer is entitled to proceed with criminal charges against you, even in the face of your resignation.