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Thread ID: 114103	2010-11-18 06:54:00	Question about employment law	jwil1 (65)	PC World Chat

Post ID	Timestamp	Content	User
1154137	2010-11-18 06:54:00	Hi all, We have a guy working with us who (to put it bluntly) we want to get rid of. I won't go into detail, but he's just really not up to the job and it's taking lots of my time to finish what he doesn't. Anyway, he phoned us yesterday to resign. We accepted it (normally he'd have to give us 2 weeks' notice, but we're prepared to forgo this because of the circumstances). Today (Thursday) was to be his last day. He comes in this morning and says he wants to revoke his resignation and intends to continue working with us :(. We believe this to be because he thought he had to give us two weeks' notice - so his prospective employer gave the job to someone else. Question - because he didn't give his resignation in writing, do we have a leg to stand on for not allowing him to work for us anymore? Thanks	jwil1 (65)
1154138	2010-11-18 07:06:00	Get legal advice from an experience employment practitioner or it could end up very expensive for you. Don't rely on advice from the "internets".	FoxyMX (5)
1154139	2010-11-18 07:15:00	He resigned, you accepted his resignation. What can be clearer? He does not need to give his resignation in writing. The conversation you had on the phone amounts to a legal verbal contract. If your firm requires two week's notice then he has to work out two weeks or receive two weeks pay, plus holiday pay. The law is very clear on that. If you do not want to go to the expense of legal advice it may be an idea to ask the union. Their advice is usually free.	Roscoe (6288)
1154140	2010-11-18 07:17:00	If his resignation has been offered and and accepted he is so gone burger. As long as it cant be classed as constructive dismissal.	prefect (6291)
1154141	2010-11-18 07:31:00	Do you know the name of the company who was about to employ him so that they can corroborate your facts ?? If so ... it would be extremely difficult for him to deny he had given notice and be more than just... you said ...he said	SP8's (9836)
1154142	2010-11-18 08:11:00	Do you know the name of the company who was about to employ him so that they can corroborate your facts ?? If so ... it would be extremely difficult for him to deny he had given notice and be more than just... you said ...he said i'm not a lawyer .. :2cents: i've gone thru restructures etc. i've always worked with very large orgs and they have structured processes and records kept. they might want the org to taken a better approach. they might expect the org to be the better half with a knowledge of employment law. i mean if a verbal notice was given, did the org provide a written statement to the employee to confirm and to accept this arrangement? that's might be considered basics. even back to my school days when i worked for The Warehouse they asked for a written resignation letter. and re: the person's performance, there are ways to liase with the person, again i think there should be a formal way to approach the situation if you want to correctly dismiss the person. did the person receive formal notice re: his performance etc etc ..	Nomad (952)
1154143	2010-11-18 08:25:00	A resignation doesn't have to be in writing, just as a hiring can be non-verbal i.e. (usually for casual work on daily hire) a tap on the shoulder, a nod etc. Resignation can simply be verbal as in 'I'm outa here', telling the boss to stick his job etc. In this case if the worker decided he was terminating, and he rang you in person to tell you, that is good enough. Once accepted by the employer, the resignation is final and taking him back would be on a new hire basis, and only if you want to. Tell him thanks but no thanks, you have accepted his resignation, waived due notice (if you did) and that is that. He cannot revoke his resignation, let alone without your consent, and in this instance the 14 days notice was for you, not him and you had the right to waive it. If you don't want him, stick to your guns and say sorry but no job. Don't make any comment about his past performance or anything like that, just leave it there. Don't give a reference but do give a certificate of service if requested: Joe Bloggs worked at *** Ltd for xxxx weeks or yyyy months as a "useless layabout". Cheers Billy 8-{) PS If anybody remembers, Greacher Tech's dismissal was resolved to his satisfaction. The dismissal was revoked and became a resignation with paid notice, on the grounds that he decided he didn't want to go back anyway.	Billy T (70)
1154144	2010-11-18 08:30:00	PS If anybody remembers, Greacher Tech's dismissal was resolved to his satisfaction. The dismissal was revoked and became a resignation with paid notice, on the grounds that he decided he didn't want to go back anyway. Most excellent. I hope the "manager" that fired him had to answer to a real manager.	Metla (12)
1154145	2010-11-18 08:39:00	Most excellent. I hope the "manager" that fired him had to answer to a real manager. Thanks for the compliment Metla. I won my daughter's case for constructive dismissal as well. It was a low budget operation for kids and she didn't want to screw them, so she accepted a payment in the low 1000's and two written apologies that we sent back until they were acceptable. Seems every time I say 'that' s my last case' I get another one but I hope that is my last. Cheers Billy 8-{)	Billy T (70)
1154146	2010-11-18 08:39:00	Billy, just a question. If the employment contract says the employee to give written notice, would verbal notice count then? Oh .. and maybe it's a good idea to check the employment contract too issued out.	Nomad (952)
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