Resignation

The employee writes a resignation letter stating that they are resigning and giving the effective date, calculated by reference to the notice period.

Good practice is to keep it short and neutral. A resignation letter is a document that gets read later, sometimes by people deciding on a reference. Grievances belong in a separate letter, if they belong anywhere.

The notice period comes from the contract. Where the contract is silent, what is reasonable applies, taking account of seniority and length of service.

Employees who walk out without notice are technically in breach and can in principle be liable for pay in lieu, though employers rarely pursue it. The bigger practical cost is the reference and the reputation, particularly in sectors where everyone knows everyone.

On exit, an employee remains entitled to salary earned, accrued unused leave, and anything the contract or handbook provides such as gratuity where a scheme exists and the qualifying conditions are met.

Resignation is voluntary. The employee chooses to leave and the employer has done nothing that forced it.

Constructive dismissal is where the employee resigns because the employer's conduct made continuing impossible, for example by unilaterally cutting pay, demoting them without cause, or tolerating serious mistreatment. In substance the employer ended the employment even though the employee wrote the letter.

The distinction matters because a genuine constructive dismissal can be pursued at the National Industrial Court. It also has to be handled carefully, because resigning and then claiming constructive dismissal without evidence leaves an employee with neither a job nor a claim.

A resignation given in the heat of an argument is still a resignation, and employees who resign impulsively often cannot simply withdraw it if the employer has already acted on it.

Employees also cannot resign their way out of obligations that survive employment, such as confidentiality, or properly drafted non-solicitation clauses.