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The employer is entitled to suspend an employee with pay for a reasonable time in order to fully investigate an allegation of a covert act of serious misconduct. The suspension is necessary as the continued presence of the alleged offender in the workplace may hinder investigation or affect the well being of the business or other employees. For instance, there may be an allegation of sexual harassment or unwitnessed assaults. In such cases suspension may be warranted as the offender may continue to commit the act thereby exposing other employees to further risk of attacks.
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Where the employee resigns freely then it is open to the employer to accept the resignation thereby terminating the employment. It is expected of the employee to give reasonable notice to enable the employer to find a replacement. In this situation if the employer has good reason, is permitted accept the resignation with immediate effect by paying the employee in lieu of notice.
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Withdrawal of Resignation
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Where an employee resigns and such resignation has been accepted by the employer, the employee cannot have second thoughts over night and seek a withdrawal.
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Employment Separation Certificate
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Any employee who has resigned or dismissed is entitled to request the employer to issue an Employment Separation Certificate under the Social Security Act 1991. This certificate enables the employee to claim unemployment benefits. When a request is made on the employer for such a certificate the same must be made available within 14 days of such request.
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To purchase Employment Law Online Forms and Procedures relating to Unfair Dismissal, please select Alternatively if you wish to purchase Employment Law Online Forms and Procedures relating to New Employment Contracts then select
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