I want to hand in my resignation but my employer will not accept it until we have a sit down meeting. Can my employer do that?

Question Details: I would like to be able to resign immediately without waiting for a meeting.

Filed under Employment Law | 2536 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Generally, no. (We would be very surprised if your employment agreement said you could only give notice in a meeting, and if your employment agreement says that you should get it checked out by a lawyer.) An employee may end their employment relationship by resigning. You can do this at any time, provided you give the notice required in your employment agreement, or, when no notice period is set out, you need to give reasonable notice. What is reasonable will depend on the circumstances, such as length of service or your seniority. Note that you don’t have to give a reason for your resignation.

In your situation your employer cannot refuse to accept your resignation, you are entitled to resign and cannot be prevented from doing so. It may be useful to meet with your employer in the interests of preserving your relationship and to see what they would like to say to you. Meeting with your employer would not affect your resignation. You cannot leave work immediately though; you are required to work out your notice period unless you and your employer agree otherwise.

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