Dismissal/Resignation*

By February 11, 2020Employment Law

Dismissal/Resignation*

This issue was addressed in case ADJ00023348. In this case the Adjudication Officer helpfully quoted the case Redmond on dismissal the third addition at page 493 in relation to the issue of dismissal where it states

“In general a person is dismissed when the employer informs him clearly and unequivocally that the contract is at an end or of the circumstances leave no doubt that dismissal was intended or may reasonably be inferred as having being intended.”

In relation to the issue of resignation the Adjudication Officer set out the case of Millett –v- Shinkwin DEE4/2004 ELR319 where the Labour Court stated the general rule as follows

“A resignation is a unilateral act which, if expressed in unambiguous and unconditional terms, brings a contract of employment to an end. The contract cannot be reconstructed by a subsequent unilateral withdrawal of the resignation. Where adequate notice is given, the contract is generally terminated in accordance with its terms and since there is no repudiation the acceptance of the resignation by the employer is not required in order to determine the contract”.

The Adjudication Officer also quoted Redmond on dismissal law at page 495 on the issue of resignation stating

“Where unambiguous words of resignation are used by an employee to an employer, and are so understood by the employer, generally it is safe to conclude that the employee has resigned”

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.

Richard Grogan

Author Richard Grogan

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