Well done on finding a new and exciting position or inspiring career change. Learn about the in’s and out’s of resignations here.
You may have found a new interesting position, or you may simply want an exciting career change. Whatever your reasons, you will need to notify your existing employer of your desire to resign and end your employment relationship. Often, employees wonder – can my employer refuse to accept my resignation? Can they refuse to pay my leave entitlements? Can they reject my notice period?
Well, in this article we dive into whether your employer can refuse your resignation, your notice period or certain entitlements.
Can My Employer Refuse to Accept My Resignation Letter?The simple answer is – no, your employer cannot refuse to accept your resignation. An employer cannot reject or refuse to accept an employees resignation under Australian law. If an employee wishes to resign, it is their decision to do so. An employee cannot be forced to continue their employment relationship if they don’t want to. This means that an employees decision to leave their employment does not need to be accepted by their employer. It is a decision that is up to that particular employee. Now, an employer can, of course, politely ask you to stay or reconsider your decision to resign. This is totally ok and quite normal. After all, it can be daunting for employers when a valuable member of their team decides to leave. However, at the end of the day, it is a decision that belongs to the employee.
Can My Employer Refuse to Accept My Resignation Notice Period?If you do decide to resign, it is best practice to hand in a Letter of Resignation. Your letter of resignation should state the date the employer was notified and the last day of your employment. This is known as the ‘giving your notice period‘. Usually, the acceptable and reasonable notice period will be stated in your Employment Agreement, but it can also be found in your industry modern award. Now, the only reason an employer may not agree to the details of your resignation is that your notice period may be incorrect. If this case does arise, you may need to alter the ‘notice period’ to the correct period. Nonetheless, this does not stop you from resigning from your employment. It is simply an amendment to the date of your final day of work.
Is My Employee Able to Refuse to Pay My Entitlements?This is another common question that many employees ask when they consider leaving their existing employment. When you decide to leave your existing employment, you must be provided for your final payment notice – which sets outs all the entitlements you will receive including:
- Outstanding wages,
- Penalty rates and allowances,
- Accumulated annual leave,
- Long service leave or redundancy pay, if applicable.
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