October 2023 news
10 October 2023
This month we are really sad to be farewelling Chris Wills from the HealthyPractice team.
Chris has worked at MAS since 2008 and over the years has been so valued for her input to the team, and for the sage advice she has provided to our subscribers. We know you will join with us in wishing Chris a long, happy retirement and safe travels as she hits the road to travel New Zealand in her RV. Chris’s last day of work will be Friday 13 October. If you would like to send Chris a message please do so to business@mas.co.nz
Resignation.
An employee will notify their intention to leave your employment by giving notice. The notice period will be detailed in their employment agreement. Although the intention to leave may be signalled verbally always ask for the resignation in writing. If the written resignation is not received, write to the employee recording their verbal resignation and asking them to sign and return.
You should always send a written acknowledgement/acceptance of the resignation.
Sometimes an employee will advise you of their intention to resign in six months’ time. This doesn’t allow you to impose the notice period in the employment agreement, they are simply advising you of their plans. This will enable you to make business plans and recruitment decisions accordingly. The employee should provide formal notification of their resignation.
Once an employee has given notice, they can’t withdraw it. However, there may be circumstances where you may not be able to enforce the resignation. For example, if the resignation was because the employees’ partner had been accepted a job in another region, and then that job falls through. Your duty of good faith might require you to reconsider the resignation unless you had recruited someone else to the role.
If the resignation comes during a disciplinary or performance management process, then don’t immediately accept the resignation. Please give us a call on 0800 800 627 or email business@mas.co.nz if you receive a resignation under these circumstances. There are two possible courses of action here:
- Ask them to consider their decision over the next 24 hours and to seek advice before finalising their resignation. Signal that it is your preference to continue to work with the employee.
- Advise that you will not accept their resignation as you wish to complete the process. This would usually be in a serious misconduct situation when the outcome could be dismissal.
Keep good notes of all related interactions, in case you later need to rely on them to defend any challenge to your process.
Our content Resignation (healthypractice.co.nz) includes template letters for accepting resignations.