Navigating the Exit: The Do's, Don'ts, and Dilemmas of Resigning Mid-Disciplinary
Facing a disciplinary process at work is incredibly stressful. Whether you are a Primary school teacher, a or an ECE educator, your first instinct when handed a "proposal to dismiss" letter might be to panic and immediately hand in your resignation.
Before you make a move in the heat of the moment, you need to understand your rights, the proper etiquette, and the heavy legal implications of resigning during a formal investigation under New Zealand employment law.
Here is a simple guide to the Do's and Don'ts of resigning, alongside the pros and cons of quitting during a disciplinary process.
📌 The Do's and Don'ts of Resigning (General)
The Do's:
Check your employment agreement: Look at your contract to see exactly how much notice you are legally required to give (e.g., 2 weeks, 4 weeks, or a full school term).
Put it in writing: A formal resignation must always be submitted in writing. State your final day clearly and unambiguously so the countdown clock officially starts.
Stay professional: Even if you are leaving on terrible terms, keep your resignation letter brief and neutral. Simply state that you are resigning and specify your last day. However, if you are resigning because your treatment has not been fair then state this.
Request your entitlements: Ensure you ask for your final pay calculation, which must include any accrued annual leave or outstanding holiday pay.
The Don'ts:
Don't walk out on the spot: Unless you have agreed to an immediate exit with your employer, walking out without working your notice period is a breach of contract.
Don't put emotional rants in writing: Avoid using your resignation letter to blast your boss or Centre manager. If you later pursue legal action, a highly emotional, aggressive letter can hurt your credibility.
Don't assume your resignation cancels everything: Handing in your notice does not mean your employer has to stop their internal processes immediately.
⚖️ Resigning During a Disciplinary: The Pros and Cons
If you have been called to a disciplinary meeting or given a letter stating the employer proposes to dismiss you, you might be tempted to use your resignation as a "trump card" to avoid having a dismissal on your record. Here is the reality of that strategy:
The Pros of Resigning
Protects your record: If the employer accepts your resignation and stops the process, you can honestly tell future employers that you chose to resign rather than being fired.
Bargaining chip: You can sometimes use an offer of resignation to negotiate a "clean break." For example, you offer to resign immediately if they agree to drop the investigation and provide a neutral statement of service.
Preserves your mental health: Stepping away from a toxic or highly adversarial environment can save you weeks of stress, anxiety, and formal hearings.
The Cons of Resigning
It is NOT an automatic "immunity shield": Your employment continues during your notice period. If the employer is investigating serious misconduct, they can choose to push forward with the process. If they find you guilty before your notice ends, they can still summarily dismiss you on the spot, overtaking your resignation.
You lose your income immediately: If you walk away or get dismissed, you lose your steady income, and getting government assistance (like Jobseeker support) can sometimes involve stand down periods if you left voluntarily.
It can make a Personal Grievance harder to fight: If you voluntarily quit just because you didn't want to face a fair disciplinary process, you generally cannot claim "constructive dismissal" (forced resignation). The law expects you to face a fair process rather than running away from it. however, if the process was not fair and predetermined and that's was why you resigned its a different story and you could have a case for constructive dismissal.
💡 The Golden Rule: Slow Down
If you are handed a disciplinary letter, do not resign on the spot.
Important Note: If you resign in the heat of the moment due to intense pressure, you should ideally request a 24-hour "cooling-off period" from your employer to reflect on whether that was truly your intended choice.
Before making any permanent decisions, always seek advice from a union representative, an employment advocate, or a lawyer. They can help you determine if the employer's process is fair, whether you have grounds for a constructive dismissal claim, or if negotiating a mutual exit agreement is your best path forward
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