I need some advice on how i should handle a situation with nanny who works with me. My nanny was going to leave my employment just as i was leaving for holiday with my family. We agreed she could stay on after negotiations and clarifications on what is expected from her. She was paid weekly while we were on holiday which is fine but now that we have returned, i suspect she may still want to leave and had the intention of leaving. I don't know if this is the case, but if so, i want to know if i have a case against her as it would mean she had the intention of leaving even while we were renegotiating and saw an opportunity to get the 3 wks pay while we were on holiday. A summary of our discussion amongst other things was: - I wanted better commitment and stability (She has a history of making inconvenient plans and giving ultimatums where things are not suitable for her) - i wanted to retain as i wanted someone familiar and trusted to run school errands. My son was starting school which would involve travelling some distance. - Clearly stated if the intention was to leave, its best she does not take up this offer so that i can start earlier to get used to whoever would be her replacement and she agreed. - Also stated clearly that i would not take it likely if i came back from holiday and she decided she did not want to stay as i would take it as defrauding me and will fight her about it because it means she knowingly lied to get the free weekly salary while we were on holiday. If she had left us, her last day would have been the day we left for holiday. None of this was documented. I just want to be prepared. Thanks XXXX
Its been over a year. She started in Apr 2014
No we did not. She was employed through an agency to be mother's help/nanny housekeeper. We have the contract for that and usually i liaise with the Agency when she has any issues or questions. Her main role was to assist my mother in-law who was terminally ill. She has since passed (Mar-15) and her duties now is nanny/housekeeper which i don't have any issues with. She was not that great with grandma but with the kids she is fine and her time keeping great.
She asked to leave just after we lost grandma (next day - we also found this insensitive) but agreed for her to keep working while she found another job. I notified her Agency that she expressed her interest in leaving. She was registered with another agency so i believe she was trying to find another job via the other agency. she had not found one as we were going on holiday and i had also not found a replacement yet so i had a discussion with her and she agreed to stay on. All verbal no formal notification in writing was given
Past problems with her:
Took holiday in Nov-14 instead of in Dec when we agreed she could go. She had planned the holiday before she started work but came to us about 10 days before her travel date and said she had to go in Nov. It was not convenient because of grandma at that time.
She also had issues about holiday pay which we tried to clarify with her and also got her Agency involved to explain to her. The contract stated she gets holiday allowance after a year of working with us. She eventually understood and realised she misunderstood.
I have been back a week. I want to know if she decides within the near future (tomorrow, a week) that she is leaving after agreeing to stay on, will i be able of file any suit against her? I would see it as having falsely saying she would stay on knowing she would get paid while on we were on holiday but still had the intention of leaving.