Alternatively, youll be suspended until an official investigation is carried out. How to address grievances from sensitive staff, Revisiting performance management | How to avoid legal risks when getting your team back on track. Ms Mtati then resigned for a second time, but with immediate effect. In an office enivironment,it is. If the name you use on StackExchange matches the name you use on other sites, it may be possible (or even easy) for (potential) supervisors to look up your name and find this question, and see details about what terrible things you've done; then they might think about (dwell on) any terrible things. However, does an employee have a right to resign from his employment in order to avoid disciplinary action? If I were you I'd immediately call your unemployment office and find out if the company can deny you unemployment benefits for this offense, and if you will get unemployment benefits if you quit. Personally I think that in these situations many employers will not even allow you to justify your mistakes, and that's what my answer is based on, but others may feel free to disagree. If the misconduct was something such as sexual harassment, drug or alcohol abuse, or stealing, the answer becomes more difficult. 1999)] Gross misconduct refers to behavior that can get a person dismissed straight away from work because it is serious enough and possibly criminal. If the employee resigns with notice, as a general rule, the disciplinary procedure should be progressed to its conclusion during the employees notice period. thanks. The employer can then claim damages from the employee due to the employees failure to work out the notice period, if such damages can be proved and quantified. However, if reputation is the employees primary concern, leaving on their own terms allows them to frame their departure in a more positive light to a prospective employer. Here's what to do if you fell into the trap. Gaps normally get noticed on CV's, but 3 months isn't likely to be an issue. By giving them a resigning letter, you save them the HR procedure to protect them from a lawsuit or a complaint to a government labor.
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