If you resign from a job, can you ever go back?

Forced to resign unfair dismissal my rights?

  • hello I am 17 and was until today employed however due to events i am now currently unemployed what happened at work while i was working i was approached by my two supervisors who requested i talk to them i followed them back to my car where one of them began to to talk about the issue of me being late for work he stated that this has become a problem and in his words " its got to the point where we are going to have to let you go" thus firing me from my job,. I was shocked by this and did not know what to say or do. my supervisor stated that in my position it would better for me to resign as the it would look better on a future resume. I felt threatened to resign as when i said what if i get fired he stated "i strongly recommend you resign so i resigned signing in a notebook that i have done so i was then told to leave work I later realised that I made a mistake in doing so and should have been fired. however as I am young and this was my first job I did not know my rights nor was I told them. my supervisor stated that the reason i was being fired was that I was on a number of times i have been late for work and that the company needs reliable people. at no time did my supervisor state that the few times that i was late as an issue before i was fired/forced to resign. my work was of a high standard and not lacking in anyway. in the contract which i have signed it is stated that persons will be paid for travel however, in the 2 months which i have been with the company i have travelled over 3000 KM for the company (in my own personal vehicle) and have not been paid for this ( am i entitled to compensation) i feel i was bullied and tricked into resigning and there was insufficient grounds for me to be fired/forced to resign ( my work mates are willing to defend my work ethics in court) due to the fact that i resigned instead of being fired does that mean i am not entitled to compensation does the fact that I was employed as casual and had only been working at the company for 2 months also effect the matter I thank you anyone who can assist me in my question cheers

  • Answer:

    1st off, did you submit your travel expenses to the payroll dept? also, never and i mean never count on co-workers coming to your defense in court, in front of the boss or whatever. there is no motive for them to do so, especially if they still work there. is there a" write up" policy regarding termination of employment or tardiness? normally an employee is written up on 1st tardy- you have to sign it as well as your boss. then a 2nd warning stating the consequences of any future tardy's. all papers are signed by you and the boss- stating that you were warned and informed of company policy. you can call the Labor Board to collect travel expenses owed if they don't pay

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If they stated that they "were going to let you go" and that "I strongly recommend you resign", then that is constructive dismissal. This means that you were effectively fired, and a labour board would rule that if they accept your evidence. However, having a number of warnings for being late may constitute sufficient cause for dismissal. You can take the case to the labour board IF you have evidence of your milage, and your employer must compensate you for that. You may also be entitled to severance pay (depending on your jurisdiction and the terms of your work contract).

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