ARTICLE · 19 NOVEMBER 2025

Can an employer refuse your resignation?

Hall Payne Lawyers

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Termination—by either party—is only valid if done according to the contract's termination clause and any applicable industrial instruments.

AustraliaEmployment and HR

Sebastian Gutierrez-Hood

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An effective resignation is a termination of the employment contract. In what circumstances can an employee's resignation be refused by the employer so that the termination does not take effect? What happens if you don't give enough notice?

For a termination of the contract by either party to be effective, whether that be by resignation, summary dismissal or genuine redundancy, it must occur in accordance with the clauses of your written employment contract about termination of employment (often called the termination clause) and any applicable industrial instruments such as an award or enterprise agreement.

'Notice' is notification of the future termination of employment after a defined period of time has elapsed. Notice allows the non-terminating party to have warning of the contract coming to an end.

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