Can you resign by email?

Hansolo

Hansolo

Senior Member
Joined
Aug 7, 2006
Messages
888
Reaction score
297
So I sent a resignation by email but I'm on stress leave this was a few days ago but my company won't accept they said I need to come in personally and if I don't give them the necessary notice they will take it out of my leave days?

Doesn't sound legal? Please help?

I already have a new job lined up but now the notice period is going to interfere if I only hand in the letter tomorrow.
 
You will have to sign various documents. You can notify them of your intent to resign by email, but to be honest, that's a little weak. And if you do not work your notice period, they can most certainly take it from your leave days.

And let me get this straight - you went on "stress leave" and went for interviews and accepted another job? And you don't want to work your notice that you agreed? And you resigned by email, all of a sudden? And you have the audacity to question the legalities of their actions? Sounds to me like you're lucky someone would want to hire you in the first place...:erm:
 
Last edited:
Wtf is stress leave?!


You either work your notice period or it gets deducted from your leave/pay. If you do work the notice period the company will pay you out for leave days not used.

But this decision is that of the company's and not yours. You may have handovers to do etc. Just staying away can get you into big trouble.

Seems to be a more often than not scenario on this forum where people don't want to honour their contracts when it comes to leaving. Bunch of wussies.
 
Your notice period starts from the moment you advise of your resignation and they cannot refuse to accept it.

I do agree though that resigning by email is somewhat bad form. Perhaps it would not be such a bad idea to go in and clear the air.
 
Hansolo said:
So I sent a resignation by email but I'm on stress leave this was a few days ago but my company won't accept they said I need to come in personally and if I don't give them the necessary notice they will take it out of my leave days?

Doesn't sound legal? Please help?

I already have a new job lined up but now the notice period is going to interfere if I only hand in the letter tomorrow.
Click to expand...

As for resigning by email...

In his arbitration award, Commissioner P Shangase stated that "The test for determining whether an employee resigned or not is that an employee has to, either by word or conduct, show a clear and unambiguous intention not to go on with his contract of employment in that he has to act in such a way as to lead a reasonable person to the conclusion that he did not intend to fulfill his part of the contract."
Click to expand...

There is no requirement anywhere in labour legislation for such a procedure. When an employee submits a written resignation and to his employer - and e-mail constitutes a written resignation - there is no requirement for the employer to acknowledge receipt of the resignation, or to communicate with the employee on the matter.
Click to expand...

Sauce

So, yes, it seems you can resign via email but it's a bit weak. How about you just go in with a printed version of said email, sign it and avoid any kind of mess/fight with this company.
 
Last edited:
What I do is let them know via email, and then we discuss it in person. I like letting them know in email first, because it gives them a chance to deal with the shock better (I think).

Is there a reason you dont want to talk to your employer?
 
Yes I would agree that it isn't the best but this is a pretty evil company it is pretty well documented. It's a very large company they wouldn't even miss me an inch, they're just being petty.

A psychatrist can book you off for as he deems fit, we're not all super human we break down wear out it's no fun I've been there.

I don't know why some some posters were antagonistic? Is a cool thing to do or something? If you got anything helpful to contribute rather don't post at all.

A big thank you to all the people who were civil and helpful good manners don't cost a thing.
 
I receive a comic pic once, the manager ask the worker when last he read his email. the manager then tell the worker they send him a email, saying that he was fired 2 weeks ago.
 
Hansolo said:
Yes I would agree that it isn't the best but this is a pretty evil company it is pretty well documented. It's a very large company they wouldn't even miss me an inch, they're just being petty.

A psychatrist can book you off for as he deems fit, we're not all super human we break down wear out it's no fun I've been there.

I don't know why some some posters were antagonistic? Is a cool thing to do or something? If you got anything helpful to contribute rather don't post at all.

A big thank you to all the people who were civil and helpful good manners don't cost a thing.
Click to expand...

....but but, you're Han Solo :(
 
Hansolo said:
So I sent a resignation by email but I'm on stress leave this was a few days ago but my company won't accept they said I need to come in personally and if I don't give them the necessary notice they will take it out of my leave days?

Doesn't sound legal? Please help?

I already have a new job lined up but now the notice period is going to interfere if I only hand in the letter tomorrow.
Click to expand...

Even if you were on leave you shod have gone in person to hand in resignation. Do you break up with girlfriends via SMS too?
 
If my company treated me badly, I'd probably do exactly that - resign my email and refuse to discuss it.

Its only if I respect my boss that I'll discuss it in person. If they have treated you badly, as apparently they have, then you owe them nothing. Inform them that notice via email is enough, and you will work your notice period.

When I say work, I mean come in at 10AM, leave at 3. They cant do anything to you. If they give you a warning, so what?
 
Hansolo said:
Yes I would agree that it isn't the best but this is a pretty evil company it is pretty well documented. It's a very large company they wouldn't even miss me an inch, they're just being petty.

A psychatrist can book you off for as he deems fit, we're not all super human we break down wear out it's no fun I've been there.

I don't know why some some posters were antagonistic? Is a cool thing to do or something? If you got anything helpful to contribute rather don't post at all.

A big thank you to all the people who were civil and helpful good manners don't cost a thing.
Click to expand...

I guess we just see things very differently. I don't believe that the time on stress leave should be spent attending interviews for a new job. I also don't believe that anyone with an ounce of integrity would resign via email, and then have a problem with working in your notice period.

Dunno, maybe you're just very young and I'm assuming you should already know better. Maybe you can learn from this instead...
 
DJ... said:
I don't believe that the time on stress leave should be spent attending interviews for a new job.
Click to expand...

This.

Ancalagon said:
When I say work, I mean come in at 10AM, leave at 3. They cant do anything to you. If they give you a warning, so what?
Click to expand...

Not this. What are we 10? This is the grown up world and you work your notice period fully. And they can deduct those hours lost from your final pay cheque.
 
Hamster said:
Not this. What are we 10? This is the grown up world and you work your notice period fully. And they can deduct those hours lost from your final pay cheque.
Click to expand...

Yip, if your contract stipulates an 8 hour work day then you will simply have the time deducted. What's more is if you are required to work unpaid overtime (as most highish earners are), they can make your life a bitch in this respect. Not worth leaving a company on bad terms for the sake of feeling like you got one up on them. Trust me, when you leave, they won't care less...
 
Hope you havent worked there too long. It will be really dumb to put them on your cv. You will have to leave a gap in your cv. They aren't going to give a glowing recommendation.

"He resigned by email"......
 
Hamster said:
Not this. What are we 10? This is the grown up world and you work your notice period fully. And they can deduct those hours lost from your final pay cheque.
Click to expand...

Employment is a two way street. All of you are assuming that the OP works for a "normal" company. Sounds like he doesnt, sounds like they treated him bad. In which case, I would not feel bad at all about not putting my best in.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X