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I had an employee who resigned and we agreed on a weeks notice period. She did not return to work for three days of the week. What are the legalities of payment to her. She was only in my employ for a month.
Did you have a formal contract in place, and was the agreement of the weeks notice put into writing with proof that this was agreed to by the employee as well?
So much depends on the circumstances of the employment offered, and the reasons why it has not worked out?
There was nothing in writing. The Manager of the department did not draw up a contract and it was a verbal resignation. She resigned as her old position offered her her job back.
Given she only worked for you a month, at least your worst case scenario is not so bad.
If you can get a written resignation, then do so. Make a phone call, keep it light - "Just dotting the i's and crossing the t's so that we can go ahead and hire someone else" - there's a fair chance you'll get your written resignation.
Otherwise are there any witnesses to her resigning? Have you got any evidence that she has returned to work for her previous employer?
I will t ry and get a resignation letter. I do know she has started working for her previous employer. If I do not manage to get antyhing out of her, what will my legal responsibilities on payment to her for the days she worked?
I once tried to offset pay due against the failure to work notice - CCMA ruled that they had to be dealt with seperately. And suing to get the money isn't worth it.
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