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Industrial Relation

Fishloh
Member
Tue, 26 Jun 2018 08:34:42 PM  (Last updated: Wed, 27 Jun 2018 11:06:01 AM)

Hi, I have one case for my staff, he tender resignation letter with 3months notice, we release him early with the compensation pay with 2months. He reject our pay and lodge report to the IR. Purpose is he want reinstatement back to job. We do not understand why he choice to tender resignation letter still lodge report to IR

Question is he have right to do report? And what should company can do? 

Please advise. Thanks

Gon
Contributor
Wed, 27 Jun 2018 11:06:01 AM

how long is the required notice? 3 month?

is the employee served 1 month then you release him for the balance 2 month? hence 2 month compensation

anyway, keep the resignation letter as power to withdraw the letter is within employers once employee tender. Employee cannot simply say i regreted and withdraw the letter after they tender. As long employer didnt withdraw the resignation letter, he will have no case in the IR.

Also it is employer right to waive the notice to the employee. Example : early release with pay

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