[2025] FWC 3667
Citation: [2025] FWC 3667
At a glance
- Employees affected
- 1
- Awards cited
- MA000027
What happened
the Applicant was employed part-time as a receptionist by M & R Clayton Pty Ltd since 2019. Following a misunderstanding regarding a reduction in her hours, the Applicant stated she may quit. the Respondent interpreted this as a resignation and accepted it. the Applicant attempted to clarify her position in subsequent emails, stating she did not intend to resign and seeking clarification on her employment status. the Respondent responded stating he accepted her resignation and asked her to return keys and leave the workplace. The matter proceeded to a Fair Work Commission hearing.
What was decided
The Fair Work Commission found that the Applicant was dismissed, not that she resigned. Deputy President Dean considered the circumstances surrounding the Applicant's statement and found it was made 'in the heat of the moment'. The Commission noted that the Respondent treated the Applicant's statement as a termination rather than seeking clarification. The decision referenced previous cases highlighting that an employer's conduct can render a resignation legally ineffective. The dismissal was deemed unfair.
What it means for employers
Employers should exercise caution when accepting resignations, particularly when they appear to be given in a moment of emotional stress. It’s crucial to clarify an employee's intentions rather than immediately treating a statement as a resignation. Failing to do so can be considered a dismissal initiated by the employer.
What it means for employees
Employees who feel pressured into making statements that could be interpreted as resignations should seek to clarify their position in writing. If an employer acts on such statements without seeking clarification, it may be considered an unfair dismissal.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →