The employee claimed he was dismissed by his supervisor after complaining to his general manager over the phone about perceived unfair treatment by the supervisor.

Before the phone conversation the supervisor held an informal discussion with the employee about his ‘attitude’, lateness and performance issues. In a later conversation, the employee and supervisor again disagreed about whether the employee was taking responsibility for his actions.

The supervisor then told the employee that he would “respect your choice” to resign and it “seems that parting ways is the most appropriate course of action”. Shortly after this discussion, the supervisor asked the business administrator to send an acknowledgement and acceptance of the ‘resignation’ to the employee via express post.

The employee had already left the workplace and the FWC considered that it was reasonable for him to conclude that his employment was terminated as a consequence of the conversation with the supervisor.

The decision

However, the FWC found it was unreasonable for the employer to consider verbal comments in the heat of an argument as a valid ‘resignation’.

The FWC also concluded that a reasonable amount of time did not pass after the employee voiced his desire to quit, and that the employer dismissed him by confirming the employment had ended.

This meant that several procedural elements were not followed by the employer, including failing to inform the worker of the reasons for his dismissal.

After finding that the dismissal was harsh and unreasonable, the FWC awarded the worker compensation plus super.

Learnings for business

This case highlights the importance of ensuring that any resignation is delivered in ‘clear and unambiguous’ language and resignations in the ‘heat of the moment’ should be carefully considered.

It is crucial that employers receive resignations in writing where possible and document the process for any contingencies that might arise in the future.

Further, employers should ensure a fair and reasonable process is followed when managing conduct or performance concerns, especially if considering a potential termination of employment.

How the Victorian Chamber can help

The Victorian Chamber’s expert Workplace Relations Consultants have vast experience assisting employers manage dismissal processes and helping decipher whether a resignation may have occurred.

For assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222.

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