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Post by harrytom on Apr 30, 2024 19:53:16 GMT 12
My wife went for a job interview with her old employer. She given a verbal start date and rate. Meanwhile she has resigned/given notice to currentemployer.
Old employer has rung tonight and been advised that head office has resindered her application. So now will be unemployed on Friday.
Has she a claim against the company who has verbally agreed to employ her?
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Post by Fogg on Apr 30, 2024 20:38:38 GMT 12
Technically your wife’s new verbal job offer is legally binding. But in reality it’s hard to prove unless you’ve got witnesses or her future employer admits to making the verbal offer and then rescinding it. Even if that happens, the likely compensation would be minimal eg 1-3 month’s pay.
Probably much easier would be to swallow some humble pie and go back to her most recent employer and confess she had a ‘mad moment’ or some such excuse and ask if she can start back and forget the whole resigning episode. If she has a good relationship with them that might just work - but if not, probably not.
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Post by harrytom on Apr 30, 2024 23:07:54 GMT 12
Technically your wife’s new verbal job offer is legally binding. But in reality it’s hard to prove unless you’ve got witnesses or her future employer admits to making the verbal offer and then rescinding it. Even if that happens, the likely compensation would be minimal eg 1-3 month’s pay. Probably much easier would be to swallow some humble pie and go back to her most recent employer and confess she had a ‘mad moment’ or some such excuse and ask if she can start back and forget the whole resigning episode. If she has a good relationship with them that might just work - but if not, probably not. The branch manger chased her to start back,Wife wanted 64k salary and branch manger rang head office while she was there and sad HR said 60k and reviewed in 6 months,yes verbal contract and verbal start date. Few ph calls tonight and she has been told she will get a yes/no by midday Wednesday. Apparently Branch manager cant understand whats going on either. Problem with going back to previous employer is she only been there a month. And if I was previous employer I probably wouldnt take her back knowing it would only be a short time stop.ie would be thinking is she going to stay or just return until a better offer comes along. Tough call! My place of employment has a firm non return policy,depending on who are  I left and returned and company knew exactly why I left,but I was asked to return.Moment of madness in my case. Thanks Fogg. |
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Post by fish on May 1, 2024 9:12:17 GMT 12
I'd second what Fogg has said.
It sounds like a bit of a negotiation process still on the part of the new company. Some wall call it an Arab negotiation.
It would be near impossible to prove anything, hold a company to account until you have a signed contract. And as Fogg said, the 'putting right' part would be negligible. I would have thought at the most the notice period of the new contract, so 1 month max and possible 1 or 2 weeks.
The lesson here is, never resign your current position until you have a contract signed for the new one.
On general Personal Grievances, I have run one previously and won (not for me). There is a book available that is updated each year called NZ Employment Law. It has every employment court decision of relevance, so you flick though it till you find your situation, and copy it based on the case law / outcome of the situation. The employment relations Act is readily available on the internet, so you just have to read it and make a note of the relevant clauses. To be honest, doing a PG is not a lot different to a protest in a yacht race (when going to the Employment Relations Authority, as opposed to the Employment Court). This doesn't apply to this current situation, I just wanted to say how easy it is to manage a PG.
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Post by Fogg on May 1, 2024 18:22:38 GMT 12
Technically your wife’s new verbal job offer is legally binding. But in reality it’s hard to prove unless you’ve got witnesses or her future employer admits to making the verbal offer and then rescinding it. Even if that happens, the likely compensation would be minimal eg 1-3 month’s pay. Probably much easier would be to swallow some humble pie and go back to her most recent employer and confess she had a ‘mad moment’ or some such excuse and ask if she can start back and forget the whole resigning episode. If she has a good relationship with them that might just work - but if not, probably not. The branch manger chased her to start back,Wife wanted 64k salary and branch manger rang head office while she was there and sad HR said 60k and reviewed in 6 months,yes verbal contract and verbal start date. Few ph calls tonight and she has been told she will get a yes/no by midday Wednesday. Apparently Branch manager cant understand whats going on either. Problem with going back to previous employer is she only been there a month. And if I was previous employer I probably wouldnt take her back knowing it would only be a short time stop.ie would be thinking is she going to stay or just return until a better offer comes along. Tough call! My place of employment has a firm non return policy,depending on who are I left and returned and company knew exactly why I left,but I was asked to return.Moment of madness in my case. Thanks Fogg. Good luck. Keep us posted. Fingers crossed… 🤞 |
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Post by harrytom on May 1, 2024 19:14:35 GMT 12
Wife is still waiting on response,but as I said .Do you really want to go to them?? move on find a non stress work as that is the reason you left in the first place. Not that 1 income ideal but can survive. I suggested not to rush.
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Post by Fogg on May 1, 2024 19:41:51 GMT 12
👍
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I left and returned and company knew exactly why I left,but I was asked to return.Moment of madness in my case.
