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Dismissal for gross misconduct

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  • #1

    Dismissal for gross misconduct

    Hi all, here's a quickie for you:

    Can an employer and former employee rescind a dismissal for gross misconduct and have it replaced with a resignation by mutual agreement, and retrospectively ? Would this be legal ?
    Tags: None
  • #2
    Re: Dismissal for gross misconduct

    Originally posted by studulike View Post
    Hi all, here's a quickie for you:

    Can an employer and former employee rescind a dismissal for gross misconduct and have it replaced with a resignation by mutual agreement, and retrospectively ? Would this be legal ?
    Yes if the dismissal was wrong. For example, if you took legal action against the company and won then the company could no longer state you were dismissed but one option could be resigning by mutual consent, so to speak.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)
    • 1 thank

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    • #3
      Re: Dismissal for gross misconduct

      Hi thanks for your quick reply. I don't think I phrased my question in the best way. Supposing the dismissal was legally correct, but too harsh in the circumstances, could the company and former employee agree years later to rescind the dismissal and replace it with a resignation ?

      Comment

      • #4
        Re: Dismissal for gross misconduct

        Originally posted by studulike View Post
        Hi thanks for your quick reply. I don't think I phrased my question in the best way. Supposing the dismissal was legally correct, but too harsh in the circumstances, could the company and former employee agree years later to rescind the dismissal and replace it with a resignation ?
        It's difficult to answer that question based on the circumstances, has the employee been sacked, was the disciplinary processed followed to the letter and is the employee appealing?
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment

        • #5
          Re: Dismissal for gross misconduct

          Did this go to ET?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #6
            Re: Dismissal for gross misconduct

            Yes the employee has been dismissed, the correct procedure was followed (to the best of my knowledge), and all avenues of appeal (to achieve re-instatement) have failed.
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            • #7
              Re: Dismissal for gross misconduct

              So, reading between the lines here, there was an ET/EAT case for unfair dismissal which has ruled that the dismissal was legally fair.

              Is the ex-employer willing to overturn their dismissal?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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