After nearly 15 years in my role, I made the difficult decision to resign. This wasn’t a decision I made lightly, but over time, I realised that staying in my comfort zone wasn’t helping me grow. I’d reached a point where I needed to focus on my own development, both personally and professionally. Resigning felt like the right step, even though it brought up a lot of uncertainty about my future. But sometimes, the hardest decisions are the ones that lead to the most growth.

This experience has also made me reflect on how important it is to understand your rights and responsibilities when resigning from a job. This includes knowing your notice period and what happens if you provide more or less notice than required.

Minimum Notice Period for a Resignation

When you decide to resign from your job, it’s essential to provide the correct notice period. This notice period is often determined by a modern award, enterprise agreement, or employment contract, depending on your specific situation.

In most cases, the notice period for a resignation under a modern award will be similar to the notice period required for dismissal under the National Employment Standards (NES). However, the additional week of notice that applies to employees over 45 does not apply when an employee resigns.

It’s important to check your employment contract or industrial instrument for the exact notice period. For example, under the Professional Employees Award 2020, the required notice period is one month.

What Happens If You Don’t Provide the Minimum Notice?

If you fail to give the minimum notice, modern awards often allow employers to deduct from your final pay. The model award clause states that “the employer may deduct from wages due to the employee an amount no more than one week’s wages,” provided:

• The employee is over 18 years old,
• There has been no agreement on a shorter notice period, and
• The deduction is reasonable under the circumstances.

It’s important to note that deductions cannot be made from your accrued annual leave entitlements as this would contravene the NES.

What If You Provide More Notice Than Required?

If an employee provides more than the required notice, the resignation date cannot be unilaterally changed by the employer. However, the employer may reach an agreement with the employee to adjust the resignation date or may choose to pay out the notice period in lieu. Alternatively, the employee may be placed on ‘gardening leave,’ where they are not required to attend work during the notice period but are still paid.

Practical Considerations for a Resignation

When resigning, it’s important to consider a few practical steps:

• Confirm your resignation in writing,
• Participate in an exit interview if applicable,
• Return any company property, such as a computer, phone, or car,
• Be mindful of any post-employment contractual obligations like restraint of trade, confidentiality, or intellectual property.

Can You Rescind a Resignation?

Once you’ve handed in your resignation, it’s generally considered a unilateral decision. In most cases, an employee cannot withdraw their resignation unless the employer agrees. There are exceptions, such as when a resignation is made in the heat of the moment or under duress, but these are judged on a case-by-case basis.

Resigning is a significant life decision. It’s important to understand the legal and practical aspects to ensure a smooth transition, for both the employee and the employer.

What’s Next for Me?

Although I’ve resigned from my role, I’m not stepping away from my professional path. I’m still deeply committed to the HR field and bringing my psychology expertise into the work I do. After years of focusing on improving workplace cultures and employee wellbeing, I’ve realised how much my passion lies in helping people navigate their careers, just as I’m doing now.

Recently, I was offered a place to pursue a degree in Career Development. This opportunity allows me to combine my HR experience with my psychological training to help individuals grow in their careers and achieve their goals. It feels like a natural progression for me, as I’ve always enjoyed mentoring and coaching others through professional challenges.

In the meantime, I’m actively job hunting for roles that allow me to blend my interests—whether it’s in HR projects, organisational development, or roles that tap into my psychology background. I’m excited to explore new opportunities where I can make a difference, while also continuing to learn and develop myself professionally.