Summary
An employee may withdraw a prospective resignation before its effective date absent a contrary governing rule or a legal, contractual or constitutional bar. The appellant had not agreed that her resignation was irrevocable; the Trust had unilaterally used those terms. The Court ordered her service regularized for pension purposes after she had retired from another college.
Issues
- Whether the appellant could withdraw her prospective resignation before its effective date.
- Whether the management had established a prior agreement making the resignation irrevocable.
- What service and pension relief was appropriate after the appellant superannuated.
Held
- Absent a contrary term governing the post or a legal, contractual or constitutional bar, an employee may withdraw a prospective resignation any time before it becomes effective. (¶¶ 11, 12, 27, 28)
- The management’s unilateral description of the resignation as final, binding and irrevocable did not establish prior consent or an implied agreement. The appellant’s later letter did not amount to acceptance of those terms; she could withdraw the resignation before its effective date. (¶¶ 16, 17, 18, 19, 27)
- Because the appellant had superannuated and could not rejoin, the Trust was directed to regularize the period from 24 September 2003 until she joined another college on 1 October 2007, without back wages, and count it as service for all purposes including pension. Her pension and retiral benefits, with arrears, were to be calculated and paid within four months; delay would attract 7% annual interest. (¶¶ 29, 30)
Result
Appeal allowed; Tribunal and High Court orders set aside. Trust directed to regularize the specified service period without back wages and pay pension and retiral benefits, including arrears, within four months, with 7% annual interest for delay. No order as to costs.