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Thread: I Pulled The Pin Last Week Or Did I.

  1. #41
    Join Date
    Oct 2011
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    Fremantle WA
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    The mind is getting fuzzy after a few years retirement, but unlike normal contract law where there must be an offer and acceptance (and all in good faith etc - see 6 elements of contract law), once you provide proof of resignation (eg in writing, but can be verbal preferably with witnesses, unless contract specifies otherwise, and even then there is usually wriggle room), then once you work out the terms of your particular contract = you are free to go, plus must be given any due entitlements.

    Rangieman is obviously an exemplary employee, who the organisation quite rightly did not want to lose. By continuing to turn up for work after the expiry period (and by this time with some sweetener undertakings provided), arguably he had accepted the employer's "declining to accept" his resignation and all was back to square 1.

    The employer's "declining" is not valid/enforceable at law - again providing the employee has met his contractual requirements re resignation etc.
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  2. #42
    Join Date
    Jan 1970
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    Free Again Thanks Dan
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    Quote Originally Posted by d2dave View Post
    The OP is exactly why I decided, after getting out of my last business, I would never have a business where I employ anyone.

    In my last business I had an employee, who had keys, come in after hours and break into our safe and clean out about two and a half K.

    There was overwhelming evidence that it was him, but as it could not be categorically proved, he was not charged.
    After sacking him, he threatened me with unfair dismissal. I was advised to reinstate him.

    Chris. It is a shame that the bloke did not eat a bit more peanut butter.

    What I don't understand is this. How can a resignation be refused.
    If you give notice and they refuse to accept it and at the expiry of the notice you don't front up for work, what happens?
    Do the police come and collect you and take you to work?
    Dave my resignation was verbal and if needed i was more than willing to put it in writing .
    But after basicly being begged not to leave and to wait till the owner came down to have a meeting with me .
    The owner is the best boss i have ever had and is more than willing to come to the party . I did not ask for a pay rise or a bonus all i did befor the meeting was put my concerns out there i also stressed im not asking for anything and left it up to his discretion . There were a couple of other sweetners he put to me which i dont want to discuss
    My intention was not deliberate blackmail nor holding them over a barrel .
    I honestly was prepared to leave and i was serious about it in no words but i gave the owner the benifit of doubt

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