What should an employer do in circumstances where, following a disagreement, the employee provides a written resignation, however changes his / her mind a couple of days later and asks for the job back?Posted in : First Tuesday Q&A ROI on 4 October 2011
The common law rule with respect to resignations is that once notice of the resignation has been given it cannot be unilaterally withdrawn. Of course, there is nothing preventing both the employer and the employee agreeing to the withdrawal of the resignation.
The restriction on unilateral withdrawal of a resignation can lead to difficulties in circumstances where an employee seeks to withdraw their resignation. In circumstances such as this, it may be advisable for the employer to err on the side of caution and provide the employee with the opportunity to retract their resignation. Employers are advised to provide employees with this opportunity to ensure that the initial action by the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.