Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

QLD Can I hand in resignation while on suspension?

Discussion in 'Employment Law Forum' started by arabella01, 9 October 2017.

  1. arabella01

    arabella01 Active Member

    Joined:
    21 April 2017
    Messages:
    5
    Likes Received:
    0
    Hi all,

    I am the head teller for a smaller bank. Last week I realised my bulk cash was $5000 short. The manager's have reviewed the footage, checked daily work, etc, however no one can find where the error has occurred. The day after the shortage was noticed, I went to work to hand in my resignation. I only had intentions of working there for approximately 6 months as I am saving to go travelling, and just needed an easy job. However I do not like the workplace environment and too much responsibility was placed on me within my first few months, so I was already on the verge of resigning and this shortage pushed me over the edge.

    My boss tried to convince me that this was a rare error on my behalf, and told me I shouldn't quit because of the incident. I agreed to consider this option over the weekend, however decided I was sure I wanted to quit. Monday morning, I went to work hoping to hand in 2 weeks notice, however my boss approached me saying I had been put on suspension so that financial crimes can investigate, and that she will not accept my resignation.

    Please advise whether she is allowed to refuse my tender of notice/resignation, and whether suspension will be paid.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,558
    Likes Received:
    502
    A workplace cannot refuse a resignation letter.

    No different to an employer sacking you. You don't get a choice when they fire you. They don't get a choice when you resign.

    And suspension are paid suspensions. It is unlikely they can legally suspend you without pay but you'd need to check your employment contract/award.

    Indentured servitude and slavery were abolished a little while ago ;)
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Rob Legat - SBPL

    LawTap Verified Lawyer

    Joined:
    16 February 2017
    Messages:
    593
    Likes Received:
    147
    However, you also need to be aware that handing in your resignation in such circumstances will have looked very suspicious. There would have been an investigation anyway, but now it's possible they will be looking at the matter with a different mindset.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Kristy Howell

    Kristy Howell Active Member

    Joined:
    9 October 2017
    Messages:
    5
    Likes Received:
    1
    They cannot stop the tender of your resignation, the boss was entitled to ask you to take time to consider, you have done that and it should be deemed tendered from the Monday (you don’t have to provide a letter verbal indication is enough but in any event leave it on the bosses desk next time or email or post it in.

    Suspensions can be paid or unpaid only your workplace award and/or industry procedures/codes of practice will ad use of this

    The fact they are investigating is irrelevant to either you quitting or being paid. As the person being investigated there is no obligation on you to provide a statement to the investigators and police will take as long or short as they want and if there is evidence to support charge they will pursue that independant of the employment situation

     
  5. Nathaniel Hall

    Joined:
    13 October 2017
    Messages:
    3
    Likes Received:
    0
    You can absolutely resign from your employment at any time, of course this depends on the nature of your employment and what your contract entails (whether your contracted to work to a certain date or a full time worker that needs to provide 1 weeks notice). Your suspension from your place of employment will not contradict your resignation, however the reason that you are suspended may affect your ability to gain further employment if you use them as a character reference and if you have committed a serious breach with your employment you may not be entitled to receive your one week notice payment or any payments related to your award in relation to paid job searching.
     
Loading...

Share This Page

Loading...
gt;