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Legal action possible?

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  1. #11

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    Within the first month of the probationary period, nothing is owed to either party for terminating.

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  2. #12

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    What about Small Claims Tribunal? Since lawyers are not allowed, employer need not spend any legal fees except for filing the case.


  3. #13

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    Thanks

    Original Post Deleted
    for the insight info

  4. #14

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    *The employee (still in probation period) doesn't show up to work without notice.
    *The employee texts the employer that he no longer wishes to work for him.
    I know I am going to get shit for this, but as an Employer, anyone who resigns by sending a text is an immature arsehole.

    Regardless of any circumstances, if an employer has put food on your table by paying you even a cent, you owe them enough to show up and give them a proper reason and then walk away after serving your notice.

    I have no sides to take in this argument, and I can understand the anxiety from this employees end.... reckless resignation without understanding what they have signed up for.

    Just saying... I would not file the claim. Not worth the time and hassle dealing with amateurs. Now, if the employee had been trained by us, used the training to get a better deal with a competitor... then might be worth making their life a little bit miserable.
    HK_Katherine and Plutark like this.

  5. #15

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    Original Post Deleted
    , what enforcement power does the District Court have? Any examples on steps and likelihood for success?

  6. #16

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    @shri, I agree, a text is a bit crazy. What do you think about an employer who terminates an employee via text?


  7. #17

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    Quote Originally Posted by MandM!:
    @shri, I agree, a text is a bit crazy. What do you think about an employer who terminates an employee via text?
    Fucking stupid as well. Good like trying to convince the court that this notice was received, understood and both sides obligations were explained, understood and fulfilled as part of the termination.

    We had an employee about 10+ years ago who would continually disappear... did not want to deal with her and her shit. Ended up talking to my lawyer about the best way to terminate her. What we ended up doing was sending a letter to her last known address by courier, informing her that she was terminated and asking her to call the lawyer to arrange a meeting to pick up her belongings and outstanding wages from the lawyers office.

    Cost me $3-4K in additional expenses, but I am the cautious sort - and that was my investment in my own mental health, to not have to deal with that person again.

  8. #18

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    We had an employee who basically just stopped showing up. But it turned out he had mental health issues so we put him on unpaid leave for a few months - when he still didnt come back (after saying he would) then we terminated. An employee who just texted and was a pain in the ass - I would probably sue if it was cheap just to make a point; but my business partner wouldn't (he believes in karma lol) so we probably wouldn't. But I agree with Shri - its a sign of being an immature asshole. Couldnt have put it better myself!


  9. #19

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    Quote Originally Posted by MandM!:
    @shri, I agree, a text is a bit crazy. What do you think about an employer who terminates an employee via text?
    this is how stanchart fired their Equity desk, sent them a text on Sunday not to go to work and go collect their box from security. Bastards
    shri and chuckster007 like this.

  10. #20

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