Can I rescind my resignation notice if I change my mind?

A resignation must be voluntary, and it must be clear and unequivocal in the sense that the employee has clearly communicated through their words or their actions of their intention to resign.  

When an employee reacts out of haste and tenders their notice of resignation, only to later regret it, in some circumstances, it may be too late.     

If the employer has already accepted a valid resignation or has relied upon the employee’s resignation to its detriment, for example, if it has already secured a replacement or incurred recruitment costs to secure a replacement, then generally the resignation is likely considered binding and cannot be rescinded.

However, if the employee has tendered their notice of resignation, the employee can rescind the resignation provided that there is no acceptance or detrimental reliance on the part of the employer.   

In these circumstances, should the employer refuse to allow the employee to rescind and treats the employment relationship at its end based on the retracted resignation, then this is not considered a valid resignation, but instead a termination, entitling the employee to reasonable notice of termination or payment in lieu, in other words, a severance package. If the employer fails to provide a severance package, then this is considered a wrongful dismissal, entitling the dismissed employee to wrongful dismissal damages.