If an employee resigns by email and does not follow up with a signed hard copy, is it ok to accept the e-mail resignation? I.e. would the employee have any claim if she changed her mind?Posted in : First Tuesday Q&A ROI on 7 January 2014
The employee’s contract of employment may contain a provision setting out the method by which notice of termination by each party may be given. If the resignation is not in the form provided for in the contract of employment, the employer should insist that the employee complies with the notice provisions in the contract of employment.
However, if there is no provision in the contract specifying the way in which notice must be communicated, an email is equivalent to a letter, and therefore an employee could not assert that an unequivocal resignation by email was not intended to have effect by virtue of the fact that it was sent by email.
When an employee resigns, it is advisable that the
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Back to Q&A's This article is correct at 02/09/2015
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