Muzengi v Standard chartered Bank & anor 2000 (2) ZLR 137 (H)

Mr LT Biti for the first respondent. – employment and labour law.The applicant was employed by the respondent as the manager of its branch in Chiredzi. his management was criticized and the bank decided to hold an inquiry. the day before the inquiry was due to be held, the applicant wrote a letter submitting his resignation. the inquiry was nonetheless held and the applicant found guilty of misconduct. the committed of inquiry decided that the applicant should be suspended without pay, pending the decision of a labour relations officer, but he was also advised that he had the option of resigning. He submitted a second letter of resignation which was formally accepted some days later. the bank then instituted proceedings to evict the applicant from the house he occupied as manager.

the applicant sought reinstatement in his position arguing that he was forced to resign and that amounted to constructive dismissal.held, that where a person claims that he has been forced to resign and therefore his resignation was tantamount to unlawful dismissal the materiel circumstances giving rise to the fear should be clearly and distinctly averred. there was a dearth of averments from the applicant as to the material circumstances which gave rise to the fear that induced him to resign. it was difficult to accept that the second letter of resignation was made under duress when the applicant had decided to resign before the inquiry to place.

held further that a letter of resignation constitutes a final act of termination by an employee the effects of which he cannot avoid without permission from the employer.