The Times Australia
The Times World News

.

‘They won’t let me go’. Can your boss stop you from resigning?

  • Written by Joellen Riley Munton, Professor of Law, University of Technology Sydney

You are working long hours, being repeatedly rostered to work weekends and are increasingly anxious and unhappy in your job. Enough’s enough, you decide to quit, but your boss won’t let you.

The ABC’s Four Corners program[1] presented this scenario as part of an investigation called “Don’t Speak” into alleged bullying of staff at the Seven Network, which screened on Monday night.

The woman who reportedly experienced this, told a colleague she felt like “I had a noose around my neck”. She also said she tried to quit, but “they won’t let me go”.

So can an employer reject a resignation and what are your legal rights when it comes to quitting a job?

An employee’s rights

In Australia, employment is a contractual relationship[2], which means the employee’s rights will generally be governed by the terms of the contract. Every employment contract includes a term allowing employees to resign.

If there is no written term, it will be implied the contract can be terminated by giving “reasonable notice”[3]. What is “reasonable” depends on the nature of the job. Professional jobs often require longer notice than manual jobs.

Often, the employment will be governed by a modern award[4] or enterprise agreement[5] that provides for a certain number of weeks’ notice.

What if you are resigning because you are miserable and can’t tolerate the thought of serving out a notice period? No one can actually make you work.

People cannot be forced to work

The law will not require a person to serve another person[6], but you might (in theory) be asked to pay damages for any loss you cause your employer by failing to comply with your contract terms.

The fact an employee might be required to pay damages was confirmed in the case of Zuellig v Pulver 2000 NSWSC [7] The case was about whether an employer could stop employees from leaving and going to a competitor, after the employer had already accepted their resignations on short notice.

Damages might include the extra cost of hiring a temporary staff member to cover your notice period. You’ll forfeit any pay you would have earned during the notice period if you choose not to work but you should still receive any accrued annual leave entitlements.

While an employer can’t make you work, they can usually get an injunction[8] stopping you from working elsewhere during your notice period, as long as the time isn’t so long as to constitute an illegal restraint of trade.

Getting an injunction is an expensive process, so an employer is unlikely to do this unless they are particularly aggrieved by your early resignation.

Why an employer might reject a resignation

This brings us to why an employer might reject a resignation. If the employer wants to stop you going somewhere else, they will need to demonstrate that they did not accept your immediate resignation.

It is also possible an employer will be thinking about a possible unfair dismissal claim[9] from an employee who resigned in a state of distress, and regrets it later.

Angry man gesticulating to distressed women
Employers need to be careful accpeting resignations from a distressed employee. Tiko Aramyan/Shutterstock[10]

A resignation offered in the heat of the moment may be found legally ineffective[11], and an employer who accepts it can be found to have unfairly dismissed the worker if they don’t let their employee withdraw their resignation.

A wise employer wants to avoid being sued for constructive dismissal[12] that is, for creating a hostile environment that gives the worker little choice but to quit.

They also don’t want to be accused of taking “adverse action” against an the employee who has made a complaint. The best way to avoid these circumstances is to not accept a resignation made during difficult conversations.

In the end, however, employees who don’t want to remain in their jobs can resign, and can make it clear to the employer that they do not wish to serve out their notice period.

Entitlement to wages will cease as soon as the employee leaves, and so will any further accrual of leave entitlements. An employer might succeed in stopping the employee from taking up another job during the notice period, but they won’t be able to force an employee to come to work.

References

  1. ^ ABC’s Four Corners program (www.abc.net.au)
  2. ^ contractual relationship (www.fairwork.gov.au)
  3. ^ “reasonable notice” (www.executiverights.com.au)
  4. ^ modern award (www.fairwork.gov.au)
  5. ^ enterprise agreement (www.fwc.gov.au)
  6. ^ to serve another person (www.antislavery.org)
  7. ^ Zuellig v Pulver 2000 NSWSC (www.austlii.edu.au)
  8. ^ injunction (www.oaic.gov.au)
  9. ^ unfair dismissal claim (www.fairwork.gov.au)
  10. ^ Tiko Aramyan/Shutterstock (www.shutterstock.com)
  11. ^ legally ineffective (www.fwc.gov.au)
  12. ^ constructive dismissal (www.hrassured.com.au)

Read more https://theconversation.com/they-wont-let-me-go-can-your-boss-stop-you-from-resigning-236783

Times Magazine

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Science Behind Reverse Osmosis and Why It Matters

What is reverse osmosis? Reverse osmosis (RO) is a water purification process that removes contaminants by forcing water through a semi-permeable membrane. This membrane allows only water molecules to pass through while blocking impurities such as...

Foodbank Queensland celebrates local hero for National Volunteer Week

Stephen Carey is a bit bananas.   He splits his time between his insurance broker business, caring for his young family, and volunteering for Foodbank Queensland one day a week. He’s even run the Bridge to Brisbane in a banana suit to raise mon...

The Times Features

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...

Ways to Attract Tenants in a Competitive Rental Market

In the kind of rental market we’ve got now, standing out is half the battle. The other half? Actually getting someone to sign that lease. With interest rates doing backflips and ...

Top Tips for Finding the Ideal Block to Build Your Home

There’s something deeply personal and exciting about building your own home. You’re not just choosing paint colours or furniture, you’re creating a space that reflects your lifes...