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Rescinding a resignation: Where do you stand

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HC Online | 25 Nov 2013, 12:00 AM Agree 0
An employee has resigned and you start the replacement process – but what should HR do if the employee then withdraws their resignation?
  • Carol | 20 Jan 2013, 09:34 AM Agree 0
    What happens when an employee is offered a new position within the company, and that new position is withdrawn? Does the supervisor have the right to not continue the employees employment?
  • Chris | 25 Nov 2013, 02:37 PM Agree 0
    Carol, that would be a redundancy... with all that entails.
  • Jane | 25 Nov 2013, 03:01 PM Agree 0
    I would think not, Carol, as being offered a new position does not amount to a dismissal from the old one.
  • Anonymous123 | 26 Nov 2013, 08:58 AM Agree 0
    So if an employee tells a manager to shove the job up their a** that isn't grounds for termination if they can't accept the resignation?
    I think Fair Work is just allowing bad employees to get away with being disrespectful to their employers.
    Just as in school, employees need to learn that there are consequences to your actions.
  • Grant | 29 Nov 2013, 03:08 PM Agree 0
    Anonymous, someone using such emotional and extreme language would indicate that there may have been some personal issues between the two staff members. Respect goes both ways. When someone gets so emotive it is preferable to give them time to cool down and then address the issues in the hope of resolving them. That should involve all of the parties involved.
  • Tonia | 10 Oct 2014, 05:27 AM Agree 0
    A friend of mine has been of work suffering depression, she attended work to sign some paper work and was verbally provoked by a senior manager which culminated in her writing a resignation letter which she handed to her immediate manager. The manager told her to go away and think about it and that she would destroy the letter if she changed her mind. My friend spoke to her manager a couple of days later and asked her to destroy the letter as it was done in the heat of the moment and she wasn't thinking straight. It was agreed and my friend thought that was the end of it, that is until she received a letter acknowledging her resignation and thanking her for her years of service (22 years without any marks against her name) she rang her manager to ask her what was going on and was told it was the best thing for her ( my friend ) my freind took an overdose the same day due to the state of her mental health something she has never suffered with before. Do we have a solid case on which to appeal?
  • Renie | 10 Oct 2014, 11:56 AM Agree 0
    It is difficult sometimes for an employee to express their frustration, and (rightly or wrongly) resigning may seem to be the only option; especially when provoked.

    @Tonia - it may be that the senior manager over-rode the immediate manager?
  • anonn | 10 Oct 2014, 02:02 PM Agree 0
    @Tonia - It sounds like your friend needs serious help that an employer cannot help with. Maybe taking the time away from work and away from people who can put her in that state will help her. Don't pursue this. It will only bring her more grief.
  • Isabel | 10 Oct 2014, 11:49 PM Agree 0
    I verbally handed in my notice and the same day my job was advertised with less hours and higher salary. My written notice was not handed in 3 days later and interviews had been arranged before receiving the written notice. I felt I could not change my mind.
  • Tonia | 13 Oct 2014, 08:41 AM Agree 0
    Thanks for your answers
  • John | 15 Oct 2014, 09:15 PM Agree 0
    Tonia, no chance. Your friend provided the resignation in writing. As others have indicated sometimes the best remedy for someones health is to walk away and get better rather then having something like this on their mind.
  • Tonia | 16 Oct 2014, 05:28 PM Agree 0
    Thanks for that john
  • Shelly | 27 Nov 2014, 07:17 PM Agree 0
    I have not enjoyed the stresses of my job for some time.
    I was unwell at the start of the year (requiring major surgery) & I don't consider that management were very sympathetic with my return back to work.
    Returning back to work I was back to full time hours although do not consider that I was well enough at the time (was pressured by management to increase hrs back to full time quicker than I had wanted.
    I was bullied by management to undertake studies/exams - if I was to not to these I was forewarned there would be no pay rises/bonuses etc., so I reluctantly signed up - (to keep them happy more than me - I still did not feel I was well enough to work & study..)
    I have completed 1 of the 2 modules and am so unhappy in my job.
    With pressures coming down on me by management, last week I decided to hand in my resignation.
    During our meeting I had said to the managers, the only thing stopping me, was that I have seen in the contract that repayment to the company is required if employee resigns within 12mths of studying..
    Manager said ' we will work something out - don't worry '
    With that, we both agreed that I will give 4wks notice, I expressed my disappointment in leaving, although thought that it was best.
    Next working day (start of this week - today is Thursday) I emailed my resignation letter and noted that I appreciated the kind offer of the reimbursement of study costs.
    Now, they have come back saying that they will take 1/2 study costs from my leave owing to me (in other words - when I leave they wont have to pay me anything out - it is over $1000..)
    So - I'm not particularly happy about the situation at all.
    In fact, I'm livered!
    Working at the company for just over 6yrs and this is how I'm treated?
    My husband has suggested that I retract my resignation letter (submitted the start of this week) and then take some of my sick leave owing to me.
    I intend, of which management was aware of prior to the meeting, taking around 3wks leave next month.
    Any suggestions out there as to where I stand?

    As I may or may not have relayed, my job is highly stressful, I don't feel that I am coping, management appear to have picked up on that and have almost been waiting for me to fall?

    What would you do?

    What advice would you give me?

    What are my legal rights? If any?

    Thanking you in advance :)
  • Brisbane | 28 Nov 2014, 01:50 PM Agree 0
    Shelly - what medical advice did you provide to your employer when you initially returned to work after your surgery? Were you fully cleared to return to work? If not, why did you agree to return to full hours? If you were fully cleared but did not feel able to work, why did you not get new medical advice and take sick leave?
  • Dawn | 04 Dec 2014, 07:54 AM Agree 0
    i walked out of my job yesterday after 11 and a half yrs, sorry this might go on a bit, I was originally doing both cleaning and laundry , but insisted they got some 1 to to the cleaning, so they finally employed some 1 to do the cleaning at 40hrs a wk, she wasn't doing the job properly, so got given my job , I only done 28hrs a week, always when I was holiday my shifts were never covered, there was another part to where I worked who had a separate cleaner, and when I was told to go over and do her shift cos she was off I argued my case, but wasn't listened to, I felt I had no option but to walk, any advice would b appreciated, thanks in advance
  • Robin | 08 Dec 2014, 07:05 AM Agree 0
    Shelly, it is unlawful under the Fair Work Act for an employer to withhold any monies from an employee's pay which may disadvantage the employee. This swing came late last year - it used to be you (employee) had to give permission - that no longer applies. My point, they can't withhold the cost of the tuition. They could however take you to Small Claims Court (most don't want to go to
    the trouble) for return of the alleged monies owed. However, if I were you, I'd take my chances (if they do deduct the money) with Fair Work, lodge a complaint for entitlements (A/L) not paid out at termination. In a hearing you'd have the verbal agreement of your manager (sure it is his word against yours if there was no witness) as to waiving of the study costs issue being the catalyst for you actually going ahead and resigning -- you'd then be bringing all the other stuff about return to work, not being given time enough to recover, being bullied etc. I reckon you'd get a favourable hearing with FW - they tend to favor the employees mostly anyhow and you've got nothing to lose.
  • Wendz | 22 Feb 2015, 09:22 AM Agree 0
    I was handed a resignation notice (boss wrote up) and a termination letter. After being with the company for 11 years.... which one do I take?
  • Julie | 03 Mar 2015, 02:37 PM Agree 0
    I sent a resignation letter because I believe I had a mental breakdown. I rescinded the next business day as I realized I had multiple personal issues effecting my mental well being. They do not want to give me my job back and aren't offering it to anyone else currently, but they offered me a demotion position $22,000 less than what I make. Can I claim unemployment for the rest of the amount?
  • Rex | 03 Mar 2015, 02:58 PM Agree 0
    Julie, I think you need to speak with Fair Work Australia. If you carefully read the article at the top of this page, it seems that the act of actually writing a resignation letter takes it out of the realm of being done "in the heat of the moment".
  • arlene silve | 14 Mar 2015, 11:25 PM Agree 0
    I verbally resigned from my job yesterday and said that I would stay until the end of the school year. I work in a preschool. It has been a very difficult year at work. I was very upset over some things that had been happening at work. I have changed my mind and want to stay. Can I tell them that or is a verbal resignation final?
  • Tey | 25 Mar 2015, 12:49 PM Agree 0
    I am in a junior HR role and have had a traumatic few weeks. I had been bullied by my boss on a Project I had been seconded too. It had happened on numerous occasions but after her final agressive and verbally abusive outburst I put in my complaint and the next day I was off the Project and back at Corproate. Then false allegations being made by that boss for which I got a Final written warning for. Once back at Corproate they were then pressuring me to take leave without pay because in my complaint email I had asked if we could discuss the possibility of me taking a short time off. They said this was a formal written request and because my role had been temporarily backfilled till July they couldn't afford us both.

    Then last week in a heated discussion (after having recieved a leave without pay letter to sign which stated 4 months leave without pay) and feeling pushed out of my role I verbally said I wanted to resign. My corproate boss said she hadn't wanted it to come to this but to send through my written resignation.

    The next afternoon my boss asked where the written resignation was to which I said that I would not be sending it and that I was not resigning and that the previous days discussion was heat of the moment.

    I have since sought legal advice and we're working on my case, however today my director said that they would proceed with actioning my verbal resignation. Of all the hundreds of resignations I've processed over in my career, I've never seen one able to be processed without it being written but I feel so out of depth against my HR director, whom many past colleagues and friends of mine have discribed as sly.
  • jane | 09 Apr 2015, 08:54 AM Agree 0
    I take it on a case-by-case basis. I've had people resign with a letter and then tell me the enormous pressure they were under that day from outside influences. It can't be a one-size-fits-all response.
  • Curious | 04 Mar 2016, 01:05 PM Agree 0
    Ok, i turned in a co-worker for unethical sales, a little while later i was called into the office and reprimanded until i was literally hyperventilating, i then went to my desk and submitted my notive by email. I realize i made a hige mistake because i am not in a position to wuit my job at this moment, however, i do not think they are going to allow me to retract it. Any advice?
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