Q. An employee who is being performance managed said his heart is no longer in the job and he wants to resign, is there a risk in accepting his resignation?

A: It is possible that the employee may bring an unfair dismissal claim and state that he has been forced to resign, even if he writes a letter of resignation.

However, if it is genuinely the employee’s decision, you need to ensure that you pay him out all of his Award or other legislative entitlements and review his contract to ensure that he is paid out any contractual entitlements that are more favourable.

It is also worthwhile considering asking the employee to enter into a deed of settlement and release that confirms that it has been his decision to resign and that he has been paid everything he is entitled to, after he has been given the opportunity to seek legal advice.

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