Has the team member been coerced? Is the resignation genuine or a moment of intense frustration following which they may change their mind? Does the team member feel they were “forced” to resign, in which case they may subsequently have grounds for a claim they were constructively dismissed? If you have any doubts, contact Organisational Development and Capability for advice.

Generally people who resign are firm in their decision and often if they are persuaded to stay, they never fully recommit and leave some time later. Sometimes the circumstances of the resignation mean you believe it is worthwhile attempting to reverse the team member’s decision. The first step is to fully explore and understand the reasons for the resignation before deciding whether these can be reversed and the person can recommit fully. Before beginning any negotiations, talk to your manager and Organisational Development and Capability.

The required period of notice will be stipulated in your team member’s employment agreement.

• Should your team member fail to give the required notice, we are legally entitled to make a deduction from the team member’s final pay for the unworked period of notice. However, the exact details on entitlement to make such deductions are often dealt with in the applicable employment agreement, so refer to this in all cases. Organisational Development and Capability can provide assistance.
• The team member is usually expected to work out his/her notice but there may be circumstances where this is not appropriate. Unless we have agreed otherwise, your team member cannot use their annual leave entitlement to shorten the notice period.
• Where we do not wish for your team member to work out his/her notice period, the team member can be paid in lieu of notice. This abbreviates the notice period. Carefully check the relevant employment agreement in all cases, and contact Organisational Development and Capability to confirm.
• Alternatively, the team member may express a desire to leave early without working out his/her notice. We can reject such a request, but if agreement is reached, then we are not obliged to pay for the unworked period of notice.

When a  team member resigns, it is our practice to conduct an exit interview. Organisational Development and Capability organises these interviews. This interview serves three main purposes:

• Reduces the likelihood of a subsequent claim that the team member resigned “in the heat of the moment”.
• Identifies behaviour which deliberately or inadvertently caused the team member to resign and which, if the resignation is accepted or not withdrawn, could result in a personal grievance.
• Where resignation is for good cause, this interview provides an additional opportunity to constructively review the requirements of the position and identify the skills and personal qualities required of the “ideal” replacement.

Generally, we don’t provide references because of the potential risk that either former team members or future employers will challenge the accuracy of these. If you are asked, we have no objection to your providing a verbal reference provided the team member has agreed to your doing so and it is clear to all that you are speaking personally. Organisational Development and Capability can provide a certificate of service if requested. If you do provide a reference, it needs to be factually correct and you must be able to substantiate what you have written. If details in your reference cannot be substantiated then you may put yourself and our organisation at risk. In these circumstances, a former employee could potentially seek remedies in court for defamation or injurious falsehood.