Resignation Processed During Sick Leave

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Resignation processed during sick leave Aug 28, 2012
Hello all,

I unfortunately unintentionally resigned from my employer. I retracted my resignation within 20 mins in writing and phone, but was told it was too late and am now being asked to sign my final settlement.

My saving grace may be that I was on sick leave when my resignation was processed. Prior to my resignation I had a doctors note, and was also told to take the week off by HR in writing due to a valid medical condition.

Do I have a case legally? If so what evidence do I need to prove it and how best should I proceed?

Thanks!

bingobango
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Re: Resignation Processed During Sick Leave Aug 28, 2012
bingobango wrote:Hi all, I am in the middle of negotiating my end of service benefits with my employer in Dubai. I have recently learnt that my employer is obliged to pay overtime if an employee works for more than the 48 hour week, and not in a managerial/senior position according to UAE labour law.


Make up your mind :roll:
desertdudeshj
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Re: Resignation Processed During Sick Leave Aug 29, 2012
I understand. Still negotiating at the moment so eventually I guess I will have to make a decision to take my job back or take a payout which includes overtime. I am seeing a lawyer so they should clarify my legal position. Will update.
bingobango
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Re: Resignation Processed During Sick Leave Aug 29, 2012
How can you take your job back if they have told you it is too late and are negotiating your final settlement?
kanelli
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Re: Resignation Processed During Sick Leave Aug 29, 2012
My employer is a very large multi-national. My thinking is - if I can prove they have broken the law with regards to my resignation, then they will back track quickly in order to protect their reputation.
bingobango
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Re: Resignation Processed During Sick Leave Aug 29, 2012
Good luck with that.
kanelli
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Re: Resignation Processed During Sick Leave Aug 29, 2012
Sounds like a shady character, if you ask me. First trying to extort overtime out of his employer for work he was already paid for and now this. As an employer I would be more than happy to let go of someone like this and by resigning himself that would give me the perfect out. And the employer accepting the resignation in less than 20 mintues and refusing to withdraw it, is a sure sign of that.

AND there is no law that you cannot resign while on any kind of leave, happens all the time.
desertdudeshj
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Re: Resignation Processed During Sick Leave Aug 29, 2012
desertdudeshj, I understand your skepticism, I am being sketchy on the details because the net is a very small place these days. I am ready to forgo compensation if I can get my job back - no professional or personal reason has been given for why my resignation when retracted immediatly was not honoured (during sick leave) and after months of ambicable meetings to try and resolve. Anyway the issue is now with the freezone labor dispute authority who will arbitrate between us. Hopefully an update by next week. I know things like this happen all the time in the UAE, but it would be remarkable if it happened in a company my size which is a global org and takes ethics very seriously internally.

--- Aug 29, 2012 ---

desertdudeshj, have you checked article 86 of the UAE labor law? Any comments?
bingobango
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Re: Resignation Processed During Sick Leave Sep 20, 2013
hi bingobango ,please take help of medico lego.. The medico legal process incorporates the essentials of two professions like medicine and law. The medico legal outsourcing forms the basis for handling the legalities involved in medical malpractice cases.
rightcar
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