Letter of Resignation from Employment

What is a Letter of Resignation from Employment?

A Letter of Resignation can be used to resign from a position of employment. The document enables a person to provide formal notice of their resignation and to clarify when their employment is at an end. It can also account for any notice period that the employee is required to give. If the employee wants to, they can also explain the reason why they are resigning.

If an employer (rather than an employee) is terminating the employment contract, then a Letter of Termination of Employment should be used instead.

Is it mandatory to have a Letter of Resignation?

It depends on the employer. Many employers do not require written notice when an employee resigns. However, many others do.

If a Letter of Resignation is required this will most likely be specified in the employment contract, employment policies, or an applicable award or registered agreement.

In any case, using a written Letter of Resignation can be a good way to ensure that both parties have a written record of the employee's resignation. This can be helpful if the employee needs to show that they gave enough notice of their resignation.

What is notice of resignation?

"Notice of resignation" refers to the amount of warning that an employee gives their employer before their last day of work. For example, if an employee provides 2 weeks' notice, this means that they inform the employer that they are resigning and their last day of work will be in 2 weeks.

The notice period starts the day after the employee gives notice that they want to resign, and ends on the last day of their employment.

The employee's contract, award or registered agreement may state how much notice the employee needs to give. If this information is not included in any of those documents, then most employees need to give "reasonable" notice - based on the nature of their job and industry.

Do employees need to give a reason for their resignation?

In general, employees are not required by law to give a reason when they resign from their job. However, many employers do want to know the reason, when an employee resigns. In addition, it is often considered courteous and best practice to provide a reason, so many employees choose to do so.

What has to be done once the Letter is ready?

Once a Letter of Resignation is ready, the employee may sign and date it. The employee should make sure to keep a copy of the letter for their own records, in case there is a dispute in future.

The letter can then be delivered to the employer (usually by mail or by hand delivery). Depending on the nature of the business it may be appropriate for the letter to be delivered to a manager, HR officer, supervisor or business owner. Any notice period that an employee is required to provide is unlikely to commence until the employer receives the letter.

What must a Letter of Resignation contain?

A Letter of Resignation should include all relevant information about the employee and their resignation, including:

• full name of the employee
• contact details for the employee
• full name of the employer
• contact details for the employer
• specific person at the employer's organisation who the letter will be addressed to (such as a manager or HR officer)
• any applicable notice period
• the last day of work for the employee

Which laws are applicable to a Letter of Resignation

An employment arrangement in Australia may be affected by the Commonwealth Fair Work Act as well as state legislation, a registered agreement, an award, the common law as well as the employment contract itself. The employment contract may set out minimum notice periods.

General principles of contract law, as provided by the common law, may also apply.

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