The employee stated that on 6 February 2023, his employer’s General Manager told him to the effect that he was fired after experiencing conflict in the early morning.

The employer contends that on 6 February 2023, the employee informed the Operations Manager that he resigned. The employer accepted the voluntary resignation on that day and express posted a notice to that effect to the employee.

The Fair Work Commissioner found that during one of the discussions between the employee and the employer, the employee did advise that he intended to quit his job. However, this was stated during a highly emotional discussion, and it could not be said that an actual resignation was provided.

Further, given the context, it was not reasonable for the employer to treat this statement as a resignation and seek later in the day to rely upon it.

The employer’s acceptance of the purported resignation actually brought the employment to an end at the employer’s initiative, and thus was a dismissal within the meaning of the Fair Work Act. 

Yang v SAL HR Services Pty Ltd (2023) 75 AILR ¶103-858[2023] FWC 1325, 4 July 2023.

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