Unhappy workers who want to quit can’t be forced to work. But in some circumstances they can be penalised for breaching terms of their contract. writes Joellen Riley Munton, from University of Technology Sydney in this article republished from The Conversation.
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 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?
In Australia, employment is a contractual relationship, 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”. 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 or enterprise agreement that provides for a certain...
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