Riva v National Social Security Authority 2002 (1) ZLR 412 (H)

Mr L T Biti for the respondents – employment contract and termination. After disciplinary proceedings are started against him by the resident his employer the applicant wrote to the response, starting that “as per his contract, he wished to give three months’ notice to terminate his employment and to make use of the benefits normally due on resignation. Tendai later, he wrote to say that as he had received no confirmation of his letter, he was retracting his notice f resignation. the respondent wrote at the same time agreeing that he be allowed to terminate his services by resignation. The applicant claimed that his letter was not a formal act of resignation, but an offer which could be accepted or rejected by the respondent.l

held that the giving of notice is a unilateral act, which requires no acceptance or rejection by the party receiving the notice. That part is not entitled to refuse or to ace such notice and decline to act on it. Notice once given, is final an can only be withdrawn with the consent of the employer . The applicants letter was not expressed as an offer but as a statement and as such his resignation could not be withdrawn except with the the respondents consent.