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

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

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 Times Features

Tricia Paoluccio designer to the stars

The Case for Nuturing Creativity in the Classroom, and in our Lives I am an actress and an artist who has had the privilege of sharing my work across many countries, touring my ...

Duke of Dural to Get Rooftop Bar as New Owners Invest in Venue Upgrade

The Duke of Dural, in Sydney’s north-west, is set for a major uplift under new ownership, following its acquisition by hospitality group Good Beer Company this week. Led by resp...

Prefab’s Second Life: Why Australia’s Backyard Boom Needs a Circular Makeover

The humble granny flat is being reimagined not just as a fix for housing shortages, but as a cornerstone of circular, factory-built architecture. But are our systems ready to s...

Melbourne’s Burglary Boom: Break-Ins Surge Nearly 25%

Victorian homeowners are being warned to act now, as rising break-ins and falling arrest rates paint a worrying picture for suburban safety. Melbourne residents are facing an ...

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...