However, the employer opposes the initial dismissal and refuses severance pay to the employee. The worker can go to an employment tribunal that decides whether the worker should receive all or part of the severance pay. The worker may also terminate the contract without notice if the employer`s conduct has in principle breached the contract. If the worker is not working in full due to an agreed absence, the worker is entitled to pay the normal conventional wage during the notice period. If the worker was unable to go to work during the sick notice period, he would be entitled to statutory or contractual sickness benefits in the same way as a worker who did not resign. On the other hand, if the reason for the worker`s resignation was a fundamental offence of the employer, the worker would have the right to leave without notice. Again, the employer would not be required to pay for part of the notice that had not been processed, while it may be held responsible for the breach of contract. It will be interesting to see how this case is applied by the courts. Some might say that the Court of Appeal created some uncertainty.
Workers face the difficult dilemma of proper dismissal while risking the employer immediately relinquishing dismissal and immediately withdrawing payment of salary. At the same time, employers must decide whether to waive the notice period without any assurance that such a waiver could constitute abuse on the part of the worker. In this regard, the Court of Appeal does not contain guidelines for employers to help them determine when their waiver of the withdrawal period could be considered an abusive exercise of a right that could give rise to a claim for compensation. If you request unpaid leave during the notice period, your employer may extend the notice period, but only with your consent. Certainly, the Court of Appeal mentions that employers should not abuse their right to waive dismissal and, to that end, the Court cites the example of a worker who lays a 12-month dismissal.