What is an Effective Resignation

An effective resignation is the termination of the employment contract.

For a resignation to be effective, the employee must comply with any provisions set out in the written employment contract and the applicable award.

The notice of resignation should be in writing and provided to the employer either via the relevant supervisor/manager or directly to the employer and advise the proposed period before the employment ends. Emails and text messages are deemed notification in writing.

Where a resignation is not validly given (for example, the employment contract requires four weeks' notice but the employee only gives one week's notice), the employment contract will not be validly terminated. However, the employer can either accept that defective resignation or refuse to accept the resignation.

Effectively, even if an employee expresses an intention to resign, it may not necessarily end the employment relationship. This also means that, unless and until the employer accepts the defective resignation, it may be withdrawn by the employee.

Where an employment contract does not provide for a specific notice period to be given upon termination and the award does not apply, for example for a management position, it might be implied into the contract that the employee has to give "reasonable notice" which is calculated on how long an employee has been employed and the role.

If it is not in writing, for example, the employer may require the employee to confirm the resignation in writing before the notice period commences, or the employer may require the employee to work for the whole period of notice you were required to give.

Our recommendation is to always ask for the resignation in writing, and confirm your acceptance of the resignation, even if not properly given, before the employee has a chance to retract.