Processing a resignation checklist

Filed Under: Termination - Checklists | Published on: Tuesday, 07 February 2012 10:26 AM
  1. On receipt of a resignation, check the employee`s contract to determine the length of notice required, the existence of any restrictive covenants and the contractual rights of both parties during and after the notice period.
  2. Has the employee given at least the minimum period of notice? If not will you attempt to hold the employee to the correct period of notice or, at your discretion, waive the notice period? 
  3. Do not deduct a sum from the final salary for any period of notice not served. This will be an unlawful deduction of wages, even if you have a contractual right to do so, as it amounts to a penalty clause which is unenforceable. However, you can recover any actual losses as a result of the breach of contract provided you have a contractual right to do so, otherwise you must bring a claim for damages for breach of contract. 
SEARCH TERMS: RESIGN, EMPLOYEE, CONTRACT OF EMPLOYMENT, SALARY, BREACH OF CONTRACT, NOTICE PERIOD
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