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Resignation without Notice due to Company Negligence

Mr. Chet
Thu, 16 Jul 2015 09:02:24 AM  (Last updated: Thu, 16 Jul 2015 10:01:11 AM)

Hi there,

With regards to the subject above, we have a staff which is tendering her resignation after joining us for 2 months (still under probation) stating she won't be serving any notice with reason;

1. Expectation set by her immediate supervisor is beyond her role being hired as an Assistant Manager. Her immediate supervisor quoted to her numerous of times that he would be expected out from her to perform like a Manager taking initiatives for making decision etc.

2. No job description was provided to her since the day she join the organization. Where she has inquired couple of times to the immediate supervisor, and the immediate supervisor acknowledge that he has yet to develop and to give her the job description.

Therefore with this 2 grounds, she would like to tender her resignation with immediate effect due the hiring does not match to initial 2 interviews and agreement. However our group employment contract stated that any probationary staff to terminate the employment contract has to serve 1 month notice. 

The question is;

1. Can she just resign without notice, even though our department managers neglected their responsibility as she claims?

2. Can she sue our organization for negligence?

Thank you.

Best regards.

KL Siew
Thu, 16 Jul 2015 10:01:11 AM

If the company agrees to let her go without notice, there will be no problem as long as it is done in black and white. Otherwise, she will have to serve 1 month notice. If she thinks she can sue the company for negligence, it is up to her.

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