Can an employer refuse a resignation?

In a professional sector like the Sydney Accounting industry, very few employees tender their resignation in the heat of the moment. For most the thought of resigning brings feelings of nerves, stress and dread, despite the excitement about a new job. On the day, just stepping into your manager’s office thinking about leaving your job and handing in your resignation requires serious conviction and commitment. 

So, can an employer refuse to accept a resignation in Australia? 

Think about this: you have a new job lined up, you have everything in order, your resignation letter has been written and you’ve prepared your reasons for wanting to leave giving the appropriate notice offered as per your employment contract. What happens when your manager tells you they refuse to accept your resignation? 

Suddenly, all your carefully laid plans to resign from your job and those weeks or even months of preparation have gone out the window. Or have they? Can an employer (legally or otherwise) refuse a resignation? Do the company policies support your manager? Will you be forced to remain at this job simply because they say so? 

Can an employer refuse to accept your resignation?

The only real basis for refusing a resignation is perhaps because you haven’t provided enough weeks of notice as stipulated in your contract, otherwise, your employer has no choice but to accept the fact you are leaving (click here for guidelines from Fair Work). In part, their reaction may be because they are upset and cannot 'accept' the situation personally. However, once you’ve handed in your resignation, your notice period begins and nothing can be done to stop you from leaving once that time is up. If you are a star performer in the team, their refusal may start an attempt to counteroffer you. If this is the case, it’s usually best to stick to your guns. For more information on counteroffers, read our blog on how to handle counteroffers.

It’s also important to note that while a verbal resignation might be OK, you should check your employment contract for specific details. It might still be necessary to write a resignation letter or at least have another employee witness the process to ensure there is evidence should there ever be a dispute. 

During the process, it is important to remember that you are the person who matters the most when it comes to your resignation. But, how you handle the communication of your departure with your manager and colleagues may be what they remember about you once you have left the organisation. How you conduct yourself during your notice period also adds to your legacy and will guarantee that you leave on good terms. How you manage the handover process could even affect how employers view your performance. Professionalism is key throughout and shouldn’t diminish just because you are leaving. 

How to avoid this situation

Here are our four tips to consider so that you don’t burn any bridges when you leave:

1. Understand your employee resignation notice period

The first and most important thing to do, before taking the plunge and resigning, is to read through and understand the terms of your contract, and how many weeks' notice you are required to give. An employer can only refuse to accept a resignation if you haven’t provided enough notice, so it pays to know what’s required of you. 

Secondly, resignations can be difficult, and everybody wants to leave on good terms.  

2. Be honest with yourself, and with your employer about the reasons you've quit

Chances are you will have done a lot of thinking and planning before resigning. While it is important to be honest, it’s also important to remember that you don’t have to say everything that’s on your mind. Focus on positive rather than negative aspects, especially at the exit interview or with human resources. That doesn’t mean misleading the organisation about your reasons, but keep in mind exactly what you need to say and what you don’t and get the balance right. Unintentionally upsetting anybody during the process is not helpful to anyone, especially in Sydney’s tight-knit Accounting community.

3. Be helpful during the transition

After you resign from a job, do anything you can to ease the transition as you leave. Offering to help find, interview or train your replacement is a great way to leave a positive impression and also provides a great starting point for your replacement. It shows you’re a dedicated and professional employee until your last day, even if your employer initially refused your resignation. 

4. Show your gratitude to the people who have helped you during your time at the company

While there are clear reasons why you want to leave, approach your departure with a long-term perspective. It’s important to thank the people who have helped get you to this position. Think about those specifically who have enabled and empowered you and take them aside personally to voice your gratitude. There are many ways to leave your mark after you have gone, but your overall contribution to the team and the organisation is what will be remembered; not the cake you bought for your last day. You never know who you might bump into down the road.

If you’d like more information on resigning, read our blog: How to resign without burning bridges 

Closing thoughts

In summary, your employer cannot refuse a resignation unless you haven’t provided the notice period as is detailed in your employment contract. Even then, if you have a good relationship with your manager, a negotiation is possible about your final date. Ultimately though, there is nothing they can do to stop you from leaving your job. All a refusal of a resignation will do is lead to an uncomfortable conversation. 

If you feel ready to move on from your current Accounting role, speak to the team here at Richard Lloyd. We’ll connect you with the best opportunities in Sydney's Accounting job market.

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** Please note that as we’re not legal professionals, we recommend you contact a lawyer should you have any specific questions on this topic.