Resignation

All Topics

• When has a lawful resignation occurred?

  For a resignation to be lawful, an employee must advise you of the following.
  May 01, 2017

• How much notice should an employee provide?

  An employee who resigns must provide you with notice.
  May 01, 2017

• What is reasonable notice?

  If there is no notice provision in an employment instrument that dictates how much notice a resigning employee should give, they will need to give you a reasonable period of notice.
  May 01, 2017

• What can you do if an employee doesn’t give the required notice?

  If an employee gives you insufficient notice, you are within your rights to refuse to accept the resignation.
  May 01, 2017

• Prosecuting an employee for failing to give the required notice

  If the notice requirement arises under a modern award, enterprise agreement or legislation, you could prosecute the employee for breaching a statutory requirement.
  May 01, 2017

• Seeking damages when an employee fails to give the required notice

  If an employee gives you less notice than their employment contract specifies, you could sue them for damages for breaching their employment contract.
  May 01, 2017

• Making a termination payment deduction when an employee fails to give the required notice

  If your employees work under a modern award and they fail to give the required notice, all modern awards require them to forfeit the amount they would have been paid if they had served the proper notice period.
  May 01, 2017

• When has a lawful resignation not occured?

  An employee's resignation may be unlawful if the following instances.
  May 01, 2017

• What happens when an employee resigns before the end of their fixed term contract?

  Generally, a fixed term employment contract contains a legally enforceable promise by an employee to serve you as an employee for the term of the employment contract.
  May 01, 2017

• What happens when an employee is forced to resign?

  An employee who has resigned from their employment, but was forced to do so because of your conduct, can treat the termination of employment as if the employer dismissed them. This is called a forced resignation.
  May 01, 2017

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