Be careful what you wish for – the risk posed by resignation letters
The issue: Company X is a medium sized enterprise which encountered a problem in its head office when a key member of the accounts team delivered a threatening resignation letter to his manager. The Manager’s initial response was relief, thinking that the “problem” employee would soon be out of his hair. Nevertheless, he had a feeling he should seek our advice about the content of the resignation letter. By taking the step of seeking our advice, the manager saved Company X from some costly and bitter litigation.
How we helped: We identified that the resignation letter was a ‘set up’ by the employee for a constructive dismissal claim (where the employee claims that s/he had ‘no choice’ but to resign). The best opportunity an employer has to head off litigation is before the employee leaves the workplace, so we immediately recommended that action be taken to work through the employee’s grievances with him. No one within the Company was prepared to do this themselves, so we offered the service of workplace mediation. We then worked through the issues between the employee and his manager, over the course of several hours. While the two did not walk away as friends, they were able to reach agreement on many things, including an outcome they could both live with. The employee chose to proceed with his resignation, but confirmed he would not litigate. The manager got back to work, having increased his skills in managing workplace conflict.
Comment: The employee expressed appreciation that he had been able to air his grievances and the manager was glad to have had a guide through a very sticky matter. Company X appreciated having a partner to guide them through and protect them from litigation. Intervention by a skilled and independent third party can bring an employer ‘back from the brink’ of costly litigation. At times the working relationships within an organisation can be so under stress that an outsider can be often be of great assistance to everyone involved.
