A resignation letter tells your employer you are leaving and states your last day of work. How much notice you must give depends on your award, enterprise agreement or employment contract, and the notice period starts the day after you give notice. Casual employees do not have to give notice, but it is good practice to say when your last day will be.
Claim Done drafts your resignation letter from your answers for a flat A$29. You download it straight away and send it yourself.
How much notice do you have to give?
The Fair Work Ombudsman says an award, enterprise agreement or employment contract may set out how much notice you need to give. The notice period starts the day after you give notice and ends on your last day of employment. In awards, the minimum is based on how long you have been employed by the business. The Fair Work Ombudsman’s Notice and Redundancy Calculator shows the minimum for your award.
| Your situation | Notice when you resign |
|---|---|
| Covered by an award or enterprise agreement | The award or agreement may set a minimum. In awards, it is based on how long you have worked there. |
| Not covered by an award or agreement | No notice is needed unless your contract requires it. A contract cannot set less than the minimum in awards and agreements. If your contract says nothing about notice, or you have no written contract, you might need to give reasonable notice. |
| Casual employee | No notice is needed, but it is best practice to tell your employer your last day. |
| Contract for a specific period, ending on its end date | No notice is needed at the end of the contract. |
The last row comes from Legal Aid NSW, which also says you can give more than the minimum notice.
What if you cannot give the full notice?
An award or enterprise agreement can allow your employer to hold back pay if you do not give the minimum notice. The Fair Work Ombudsman says most awards allow an employer to deduct up to one week’s wages if you are 18 or over, you did not give the right notice under your award, and the deduction is not unreasonable. The deduction can only come from wages owed under the award. It cannot come from your leave or other over-award payments.
Legal Aid NSW adds that your employer cannot deduct pay if they agreed to a shorter notice period. If you need to leave early, ask, and get the agreement in writing.
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Resigning during probation
While you are on probation you get the same entitlements as anyone else, including the National Employment Standards, says the Fair Work Ombudsman’s probation page.
The resignation page does not set a separate notice rule for probation. The notice you owe still comes from your award, agreement or contract, so check it. If it is your employer who ends the job during probation, the Fair Work Ombudsman’s dismissal page says you are still entitled to a notice period, or to be paid instead of working it.
What your resignation letter should say
Legal Aid NSW says a letter of resignation should:
- be addressed to your employer
- include the date
- state that you are resigning from your job
- state your last day of work
- be signed by you.
A good letter also names your role, refers to your notice period, and can offer a handover and ask for a statement of service or a reference. Keep it short and calm. You may need a reference from this employer later.
The structure of the letter
- Your details and the date. Your notice starts the day after you give the letter.
- Who it is to. Your manager or HR contact, by name and title, and the business name.
- The resignation. One sentence: you are resigning from your role at the business.
- Notice and last day. Your last day as a full date, with a reference to your notice period, or a statement that you are leaving with immediate effect.
- Handover. An optional offer to hand over your work before you finish.
- Requests. An optional request for a statement of service or a reference.
- Close and signature. A short thank you or a neutral close, then your signature.
Giving notice by email
The Fair Work Ombudsman says you can give notice verbally or in writing, and that writing is best practice, including your last day. Email is one way to do that. Attach the signed letter as a PDF, put “Resignation” in the subject line, send it to your manager and HR, and keep the sent email.
Your employer cannot choose to accept or reject your resignation, though it is best practice for them to acknowledge it. Ask them to confirm they received it, so you have a record of when your notice started. Think before you hit send: Legal Aid NSW says that if you give a clear letter of resignation, your employer is entitled to accept and rely on it. If you want to take it back, you must speak to your employer as soon as possible.
What happens during the notice period
Once your employer has your notice, you can discuss whether you work the notice period or end it early. Ending it early can happen by agreement, or by your employer ending your employment. If your employer ends it before the notice period finishes, Legal Aid NSW says they must tell you in writing, unless you are casual.
- You can take paid annual leave during notice only if your employer agrees.
- You can take paid sick or carer’s leave if you tell your employer as soon as possible and give evidence, such as a medical certificate, if asked.
- Public holidays can fall inside your notice, but they do not make it longer.
Final pay: what it includes and when
The Fair Work Ombudsman’s final pay page says your final pay is made up of wages owing for hours worked, including penalty rates and allowances, and any annual leave owing, including leave loading if it would have been paid during employment. If they apply, it can also include payment in lieu of notice, redundancy pay, and long service leave.
- Unused annual leave is paid out. Leave loading is paid out even if your award, agreement or contract says it is not.
- Sick and carer’s leave is not paid out.
- Most awards require final pay within 7 days after your last day.
- If your employer pays you instead of letting you work your notice, that payment must be made on or before the day your job ends.
Return your employer’s property unless you have agreed to keep it. Even so, Legal Aid NSW’s termination of employment page says your employer cannot withhold your final pay if you do not return their property. If you are not sure your final pay is right, the Fair Work Ombudsman has help for employees with a workplace problem.
Asking for a statement of service or reference
Legal Aid NSW says your award or agreement may require your employer to give you a statement of service or something similar, which usually says the type of work you did and how long you worked there. Your employer does not have to give you a reference, so ask the manager most likely to give a fair one. If you need an employment separation certificate for Centrelink, Legal Aid NSW says your employer must complete it within 14 days after you ask.
You can also ask to see your employment records. The Fair Work Ombudsman’s record-keeping page says an employer must make them available if you ask, including after you have left.
Mistakes to avoid
- No clear last day. Write the full date, not “in two weeks”.
- Resigning in anger. A clear letter can be relied on. Sleep on it.
- Resigning over how you were treated without advice. Legal Aid NSW says a forced resignation is a type of unfair dismissal, and to get legal advice before you resign.
- Counting on annual leave as notice. Leave during notice needs your employer’s agreement.
When you are ready, Claim Done drafts your resignation letter for a flat A$29. It covers resigning with notice, leaving straight away, or leaving because of how you have been treated. Claim Done is not a law firm and does not give legal advice.
What changes when it is in writing
Same situation, said once and clearly.
Getting it drafted
Can I have a Resignation Letter — Resign Professionally, on the Record drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Resignation Letter — Resign Professionally, on the Record from the answers you give about your situation for a flat $29 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=resignation-letter. Claim Done is not a law firm and does not give legal advice.
How much does a Resignation Letter — Resign Professionally, on the Record cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Resignation Letter — Resign Professionally, on the Record in Australia?
No. There is no legal requirement to use a solicitor to write or send a Resignation Letter — Resign Professionally, on the Record; many people send their own. Claim Done drafts it for you and you approve it before it is sent.