Can an employee withdraw his resignation?
Resignation is known in law as a ‘unilateral act’. This means that to be effective, the person at whom the action is directed (in this case, the employer) doesn’t need to cooperate.
A resignation is valid once it has been given, if the employee was in a fit state of mind when he gave the resignation, because it is a unilateral act. So can your employee withdraw his resignation, just because “he feels like it”, once he’s resigned from your employ?
No, he can’t – he needs your consent before he can withdraw his resignation. You are under no obligation to agree to the withdrawal. The employment contract simply comes to an end when the notice period expires.
If your employee resigns without giving proper notice, it is still a unilateral act which means that the employment relationship will come to an end. In this case, your employee won’t be able to withdraw his resignation.
However, if your employee resigns in a huff, you should not simply say ‘good riddance’ and accept that the employee has gone. You should sit the employee down and try to understand the reasons behind the resignation. It may be that the employee’s situation at work has become intolerable and if you do not take reasonable steps to remedy the situation, you may open yourself up to a complaint of constructive dismissal.
*This article originally appeared on Labourwise.
