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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5136
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Is it legal to dismiss a worker because of subordination

Customer Question

Is it legal to dismiss a worker because of subordination (e.g. hanging up phone on employer) who also said he was going to hand in his resignation verbally and now is thinking of retracting his resignation but employer is not wanting or needing him any more because of decrease in work load and also because of his attitude? Is a written warning required or can his resignation be accepted (only verbal) and paid his holidays that are owed etc.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Its in Victoria
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I don't think so, he just has a very bad life attitude and we have helped him out in many instances but don't really want him to continue to work after being so disrespectful and saying he will resign. He;s away sick at the moment and not sure when he intends to return (he said he will be in touch) but as mentioned previously he verbally said he's going to resign but think now wants to retract his statement.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Daniel replied 3 months ago.

Hello
I would rely upon the resignation offer and terminate his employment.

Contact him via email / writing, outline that they want to resign and deal with the matter as such, as well as flag his performance issues.
Pay his entitlements and he can leave his employ.

If he claims unfair dismissal, you can in turn suggest that the wanted to leave and relayed that wish to you.

Expert:  Daniel replied 3 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 3 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.