Dear Experts,
I RESIGNED AND WAS PURSUADED TO STAY. I DID NOT REVERSE MY RESIGNATION IN WRITING BUT WENT ON TO WORK FOR FIVE DAYS. MY EMPLOYER THEN SUSPENDED ME, FAILED TO HOLD A HEARING, BUT NOW CLAIMS I HAD RESIGNED AND DOES NOT WANT TO TAKE ME BACK. I SEEK DAMAGES IN LIEU OF REINSTATEMENT.
DO I HAVE A STRONG CASE???????????
From Zimbabwe, Harare
I RESIGNED AND WAS PURSUADED TO STAY. I DID NOT REVERSE MY RESIGNATION IN WRITING BUT WENT ON TO WORK FOR FIVE DAYS. MY EMPLOYER THEN SUSPENDED ME, FAILED TO HOLD A HEARING, BUT NOW CLAIMS I HAD RESIGNED AND DOES NOT WANT TO TAKE ME BACK. I SEEK DAMAGES IN LIEU OF REINSTATEMENT.
DO I HAVE A STRONG CASE???????????
From Zimbabwe, Harare
I do not know the specifics of labour law in Zimbabwe
However, by following normal logic, you don't seem to have a strong case.
You have resigned.
The resignation stands as it is.
Your employer suspended you and then terminated you.
Since you had already resigned, instead of terminating (having realised that termination will be a complex process), accepted your resignation. He has the right to do that. And if he is giving you a clear relieving letter, you will have little to complain on.
However, I don't think the whole story is being told.
You resigned, your employer persuaded you to stay on
So obviously he needed / wanted your skill set. So what happened in 5 days that he wanted to get rid of you as soon as possible ?
you wanted to leave.
You stayed for 5 days extra
So now how does this really affect your plans ?
You can proceed with whatever is the reason why you resigned right ?
From India, Mumbai
2383However, by following normal logic, you don't seem to have a strong case.
You have resigned.
The resignation stands as it is.
Your employer suspended you and then terminated you.
Since you had already resigned, instead of terminating (having realised that termination will be a complex process), accepted your resignation. He has the right to do that. And if he is giving you a clear relieving letter, you will have little to complain on.
However, I don't think the whole story is being told.
You resigned, your employer persuaded you to stay on
So obviously he needed / wanted your skill set. So what happened in 5 days that he wanted to get rid of you as soon as possible ?
you wanted to leave.
You stayed for 5 days extra
So now how does this really affect your plans ?
You can proceed with whatever is the reason why you resigned right ?
From India, Mumbai
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