In the heat of the moment Resignation
An interesting article came out in the HC Online Mag today that I wanted to share with you (see below). As you are studying as well as many of you working in the HR area this is a great topic to be aware of.
To add to what the article says sometimes an employee will indicate that they would like to leave your company or mention they are looking for another job. This is not a resignation because the employee has not specified the date they will be leaving and does not have a definite intention to leave their current employment.
You should exercise caution if an employee resigns after an argument or in the heat of the moment‚ π
If this happens you should:
- Give the employee a reasonable amount of time to calm down, and
- Seek clarification from the employee as to whether they meant to resign
Note: Don’t assume that a resignation is valid just because an employee declares their resignation in a letter or email. If the statement follows shortly after the initial outburst, a court may decide that there are not enough reasonable grounds to recognize it.
Step by Step what to do when an employee resigns
- Step 1 ‚ ¨ Consider whether the notice of resignation is lawful
- Step 2 ‚ ¨ Consider whether it is appropriate to direct the employee to take gardening leave
- Step 3 ‚ ¨ Remind the employee of their obligations during notice period
- Step 4 ‚ ¨ Organise the return of property
- Step 5 ‚ ¨ Advise the employee how you will handle communications for them post-departure
- Step 6 ‚ ¨ Advise the employee of their post employee obligations
- Step 7 ‚ ¨ investigate suspicious behaviour
Employee ultimatums: do they actually mean anything?
Can an employee’s give me a raise or I’ll quit‚ π demand constitute as an official resignation? HC asked one employment lawyer for his advice.
Courts generally look for objective and subjective elements before they would rule a resignation had occurred,‚ π explained Keith Burkhardt. They employee might say they quit but they also need to take action to indicate that’s what they’re actually doing.‚ π
The Sherrard Kuzz lawyer says reasonable indications include walking out of the office and failing to return for several days, cleaning out their desk prior to leaving the office or sending a company email saying they’ve resigned.
Courts and arbitrators and employment standards branches would feel bad for an employee who, in the heat of the moment, may have given an ultimatum,‚ π said Burkhardt, that’s why they look for something more permanent or sustained.
Courts would view a statement alone as a threat that lacks credibility,‚ π he warned, as something people are prone to saying without actually meaning it.‚ π
It may indicate the forcefulness to which they feel they deserve a raise but it doesn’t actually indicate what they’re going to do in a literal sense,‚ π he continued.
Ultimately, Burkhardt says the decision is still down to the employee.
An employer can say ‚ ≤We’ve chosen not to give you the raise ‚ ¨ if you decide to quit that will be your decision but you can remain at your currently level of pay if you wish,’‚ π suggested Burkhardt. After that, the next move would be on the employee’s part to either take that objective step or not.‚ π
And if the employee sticks to their ultimatum? Make sure you get it in writing, urged Burkhardt.