resignation

qr1

Just a quick question,

My mother handed in her resignation because the working relationship between employer and employee have broken down. She handed in her notice and set out her grieviences and looked for the holidays and bank holidays she is due, her letter is perfect as she took advice from a friend in HR, however, the employer is not accepting her resignation, refuses to talk to her about it and is going to see a BARRISTER regarding the situation. All communication is going through her husband.

Can the employer do that?, she needs her P45.

Tank

How Strange

No. She's not a slave. She can leave her employment whenever she choses.

Tell her to contact Citizens Information Bureau for advice.

I'm sure she can leave on x day as outlined in her letter and then call the Revenue Commissioners the following day to say the employer refuses to give her her P45 and all due pay. The Rev Com usually take a dim view of this carry on.

mood

I'm sure once she give them the required notice period (as outlined in her contract) she can leave then. Contact Citizens Information or get legal advice.

craichoe

qr1 wrote: »

Just a quick question,

My mother handed in her resignation because the working relationship between employer and employee have broken down. She handed in her notice and set out her grieviences and looked for the holidays and bank holidays she is due, her letter is perfect as she took advice from a friend in HR, however, the employer is not accepting her resignation, refuses to talk to her about it and is going to see a BARRISTER regarding the situation. All communication is going through her husband.

Can the employer do that?, she needs her P45.

Tank

If she followed standard internal procedures and got nowhere she may qualify for constructive dismissal.

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/constructive-dismissal

She'd need proof though, e-mails, letters etc.

If she didnt do this she wouldn't qualify.

mood

Why would she go for constructive dismissal if she has handed in her notice?

eth0_

It always makes me laugh when I hear of companies 'refusing to accept' resignations. What do they think they can do? Chain your mother to her desk so she can't leave?

Tell your mother to contact NERA, they are extremely helpful and give advice over the phone, although if you need them to step in and mediate you could be waiting quite a while as they are usually very busy.

thebiglad

I think there are 2 issues here.

Of course a resignation cannot be rejected in accordance with the terms set out in employment contract.

Aside from that, dependant upon the content of that letter of resignation the employer is probably fearful that it will form the basis of a case for constructive dismissal if he accepts it in current form.

If she really is leaving as it is unbearable and irreconcilible differences then there is grounds for discussion with Lawyer. Alternatively perhaps the employer has got a wake up call and is prepared to deal with the issues in which case would she keep the job??

tricky D

mood wrote: »

Why would she go for constructive dismissal if she has handed in her notice?

You're confusing it with Unfair Dismissal. Simplistically put, Unfair is where the employer fires you unfairly. Constructive is where things break down and employee resigns generally due employer's or others' misconduct.

mood

But surely form her point of view (for getting future work) it is better to just resign. I wasn't aware than am employer could stop you from leaving your job if you give required notice.