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All’s not fair in text messages and employment contracts

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HC Online | 08 Aug 2012, 12:00 AM Agree 0
The decision of the former Health Services Union national president to quit via text message earlier this week is a reminder for employers that text message communication in employment contracts isn’t a two-way street.
  • Max Underhill | 08 Aug 2012, 03:35 PM Agree 0
    It may be time to re look at the contract wording as it is not just dismissal or resignation that requires formal notification. A couple of contracts I am looking at talk about notification in writing handed to the employee or posted to the address provided (one by certified mail). A face to face meeting is going to be formalized in writing. Therefore a text or email will be notification of the event (such as you are resigning or termination) I would imagine this will be followed by formal communication and verification of the facts (the often means often specified in the contract).
  • Michael C | 08 Aug 2012, 07:10 PM Agree 0
    I would agree with Max that contractual obligation is the key. An SMS is difficult to reproduce in court unless you reproduce into a Stat Dec or similar. I am thinking about later denial of the SMS and pursuit of constructive dismissal. My preference has always been for a signed resignation over an email as a protection for all parties.
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