The simple answer is yes, if both parties agree. But what happens if they don’t agree?
In a recent case Donald Phillips v Croft Poles Distributors Limited, the Employment Relations Authority found that after almost two weeks of consultation with Mr Phillips, Croft Poles was justified in accepting Don’s resignation, thereby terminating his employment.
Mr Phillips was the Company’s Steam Plant Supervisor. He resigned, stating that he wanted to remain as an Operator but did not wish to continue with the supervisory part of his role, nor was he prepared to do night shifts. Don Phillips supervised operators over the seven-day week and undertook his share of day and night shifts. He was paid more than the other operators as it was a different job, albeit the actual operation of the Steam Plant was the same.
Donald Phillips left a letter of resignation on the notice board. The management had several discussions and meetings with him. When it became clear that Mr Phillips only wanted to resign from part of his job but remain as Steam Plant Operator, Croft Poles had to decide if it could or would concede to his request. The Company said it would not because there were no other vacancies and they needed a Supervisor.
After considerable consultation with Mr Phillips, the employers said they would accept his resignation and before doing so, gave him a further opportunity to change his mind. He chose not to.
Mr Phillips raised a personal grievance and the employer had to defend his allegation of unjustified dismissal, firstly at mediation, then later at an Authority Investigation.
Fortunately common sense prevailed and Don’s claim was not upheld. To read the Authority Determination, click on the following link:
