Can my employer legally advertise my job if I haven't resigned officially?

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Accepted Answer

Your employer may be able to advertise your job before you’ve resigned or signed a contract for another internal role. This depends on what’s happened and what your organisation’s internal employment policies say. If your employer is advertising your job when you haven’t resigned, this may be a breach of good faith and an unjustified act which could give rise to a personal grievance.
If you’ve told your employer you intend to resign or are resigning, or verbally accepted another position within the organisation, they may be entitled to act on that. It also depends on what your employment agreement says about what constitutes a resignation.  If it doesn’t say that resignation should be confirmed in writing, a verbal resignation may be sufficient.
If you think your employer has ‘jumped the gun’, you should communicate with them in good faith. Ask your manager about the job you’ve seen advertised and ask them if this is your position and why it’s being advertised. Tell them if you’ve changed your mind or are unsure about resigning or taking up the new role.
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