QLD Withdraw an employment offer

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Sav.Lab

Member
25 May 2021
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We have offered a job to someone. On email he accepted the job offer with a start date of 24/05/21. On Monday 24/05 at 8.16am he sent a text message to say he would be late as he had received a phone call from his previous employer to go and sign some paperwork. His time to start working is 8.30am and he arrived 9.30am. This was fine and we had no issue with that.
Today, 25/05 by 8.50am he had not shown up for work or called in. I sent him a text to ask him if he was coming in and he replied that he knew it was unprofessional but he had not had time to call us and let us know his car broke down and he was arranging a tow truck and would not be in today or possibly tomorrow either.
We feel that he lives 10 minutes from the office, if the tow truck picked his vehicle up he could have made a plan to get to work - late but at least come to work. Also not sure why he would then need tomorrow off too.

The directors made the decision that if this is his first initial impression on starting a new job he is not the right candidate for the job and have decided to withdraw the offer of employment.

The employee was given a contract yesterday to read through, sign and return. We had not signed the paperwork yet. I sent him a test message this morning to advise that the employment offer has been withdrawn and followed up with an official letter on email.

Could there be legal ramifications for the company?

Thanks
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Yes. Wait and see what happens. It may be better facing a possible claim than having an unreliable employee.

Get on with managing your good employees.
 

Sav.Lab

Member
25 May 2021
2
0
1
Hi Rod

Thanks for the reply. Can you advise what the correct protocol would be in that situation? Should we have let him come back to work and then let him go a while later for not being the right fit for the company? I understand that we have an employment contract and in good faith offered him the job as we really needed someone, but if this is his best on his first two days of work we feel it is just going to be a difficult road ahead with him. Are we to pay a week's notice pay for cancelling the offer of employment?

While I know there are employers out there who take advantage of their employees, it is really frustrating that small business owners have such a hard time trying to get rid of bad employees and it often feels like we have no rights.
 

Rod

Lawyer
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27 May 2014
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Interviews and warning letters are the proper way to go.

Notice is minimum 1 week, but can be longer depending on contract/ EA/award.