Unilateral Withdrawal of a Resignation - Legal Considerations

Posted in : Supplementary Articles ROI on 23 October 2009
Susan Battye
LK Shields

This article considers legal issues relevant to the unilateral withdrawal of a resignation.

A resignation is a unilateral act which, if expressed in clear and unconditional terms, brings a contract of employment to an end. The issue of withdrawing a resignation once given is not straightforward and much will depend on the circumstances of the particular case.

What happens if an employee wishes to withdraw a resignation but the employer refuses?

In general, an employee does not have the right to unilaterally withdraw his/her resignation once given.  However, it appears clear from caselaw

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This article is correct at 23/10/2009

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.

Susan Battye
LK Shields

The main content of this article was provided by Susan Battye. Contact telephone number is +353 1 661 0866 or email sbattye@lkshields.ie

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