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Judgment No. 4053

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to refuse her request to withdraw her resignation.

Judgment keywords

Keywords

resignation

Considerations 5, 6, 9

Extract:

The central legal issue, the validity of the resignation, is also, in a sense, a threshold issue. If the complainant cannot demonstrate the resignation was legally ineffective then the impugned decision is of no legal consequence or significance. [...]
One authoritative judgment of the Tribunal on these questions is Judgment 856. Several related principles emerge from this judgment. The first is that a resignation comes into effect when it is accepted by the employer. The second is that once the resignation has come into effect it cannot be withdrawn unless the offer to resign was tainted with some flaw that renders it void. If the alleged flaw is that the individual purporting to resign was suffering from a psychological illness, then the individual, as a complainant, has to adduce precise, cogent and consistent evidence to show that the consent was lacking. [...]
The complaint is unfounded. The complainant offered to resign and the offer was accepted. The legal effect was a resignation from which the complainant could not resile and which cannot now be voided.

Reference(s)

ILOAT Judgment(s): 856

Keywords

resignation; acceptance

Consideration 7

Extract:

Even if, as appears to be the case, the complainant was working in an environment that had a significant negative effect on her sense of well-being and that either contributed to or precipitated the decision to resign, it does not follow that she did not understand the effect of, or lacked the capacity to write, the resignation letter [...].

Keywords

intention of parties

Consideration 8

Extract:

The complainant [...] argues that she was coerced into resigning or did so under duress. While it is true she appears to have had troubled relations with some in her workplace, and indeed she ultimately made a complaint of harassment, conduct of others that she particularised falls well short of establishing coercion or duress which led to her resigning but not as an act of free will.

Keywords

duress



 
Last updated: 29.08.2018 ^ top