If the Basic Conditions of Employment Act (BCEA) requires a resignation to be in writing, does a resignation contained in a WhatsApp message or SMS constitute a resignation?
The short answer is YES.
The BCEA clearly stipulates that the resignation must be in writing. When considering Section 12 of the Electronic Communications and Transactions Act 25 of 2002 data messages are recognised as being “in writing” provided they’re accessible in a format that can be re-accessed.
If an employee resigns using a data message, such as a Whatsapp message or SMS, the resignation is valid and “in writing”.