Work EnvironmentResignation box packing

When you resign, there are some steps you can take that will help make the process easier.

We’ve put together a step-by-step guide to consider when you leave.

Find the resignation clause in your current employment agreement.

  • Find out how much notice you need to give your employer.
  •  Whether your resignation needs to be provided verbally or in writing.

What should I put in my resignation letter?

  • Date of resignation
  • The employers company name
  • The employers name and title
  • Company Address
  • Company Email Address
  • Your name
  • Your position
  • Your personal email address
  • Your personal Mobile number

Example of a resignation letter

12.12.22

John Smith

Director

John Smith Ltd

Per email; John@johnsmith.co.nz

Dear John,

Resignation

I wish to let you know I am resigning from my position of Senior Book-Keeper,  in 4 weeks from today; per clause 12 in my employment agreement. My last day of work will be 8th January 2023.

Kind regards

Jane Brown

Senior Book-Keeper

Janebrown4567@gmail.com

021 111 2233

What if I change my mind about resigning?

    • You can, but your employer does not need to let you. This is because once you invoke the termination mechanism giving the prescribed period of notice, the contract comes to an end automatically when the notice given expires, unless both you and your employer agree to revive or renew it.

What if I give my verbal notice instead of the written notice noted in my employment agreement?

    • If your agreement requires written notice, verbal notice doesn’t not constitute a termination on the agreements terms. At most it would amount to a repudiation of the employment agreement and be up to the employer as to accept or reject

What if I give my employer more notice that they require?

    • The employer does not have to accept the extended notice period; most wont. A recent employee gave 6 months’ notice and the employer accepted his 4 week notice period in his employment agreement.

What if I told my boss “I’m out of here”, would that be a resignation?

    • If under pressure, you got annoyed and said to your employer; “I’m out of here’ it would be difficult for the employer to accept those words as a firm resignation. Especially if your agreement states your resignation needs to be in writing. When words or resignation are uttered in moments of anger, the resignation should be treated with caution by the employer. A cooling off period for you both is a good choice in these circumstances.

If it is in weeks – this means each 7 day week. If it is a month, provide 1 month’s notice from the date on your resignation letter.

A standard notice period is between 2-4 weeks, according to Employment NZ. If you are confused and need help understanding what the resignation in your employment agreement means, please call us.

Can I provide the employer with a longer notice period?

  • You can, but the employer in under not obligation to accept it.

Are there other reasons you are resigning? Are you being harassed, bullied or discriminated against at work? If talking to your manager isn’t working, call us; we can help you look at other avenues, such as raising a personal grievance after you have left your workplace; Resolve Legal will support you every step in your resignation!

Disclaimer!

Resolve Legal Ltd blogs contains only general information about legal matters. It is not intended to be legal advice and should not be treated as, or relied on,  as such. For legal advice specific to your set of facts, please contact a  lawyer appropriate to your legal issue.

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