[2025] FWC 888
Citation: [2025] FWC 888
What happened
David Gourlay, a stevedore for Sydney International Container Terminals (Hutchison Ports), sent an email on September 26, 2024, resigning from his position. He claims he sent the email unknowingly while experiencing paranoid delusions due to stress related to a reduction in work hours. Hutchison Ports accepted his resignation that morning. Gourlay attempted to retract the resignation, but Hutchison Ports did not allow it. He subsequently filed an unfair dismissal application. Gourlay had previously been placed on six absence management plans by Hutchison Ports.
What was decided
The Fair Work Commission determined that Hutchison Ports’ objection to Gourlay’s unfair dismissal application was upheld. The Commission found that Gourlay’s resignation was unambiguous and Hutchison Ports was not aware of any circumstances that would suggest he did not freely give the resignation. The Commission stated that Hutchison Ports was entitled to accept the resignation and act on it. The decision hinged on whether the resignation was voluntary and whether Hutchison Ports had reason to question its validity.
What it means for employers
Employers should be cautious when accepting resignations, especially if there are indications of distress or unusual circumstances. While clear and unambiguous resignations can be accepted, employers should consider whether there's a need to clarify an employee's intentions, particularly if there are concerns about their mental state or the circumstances surrounding the resignation.
What it means for employees
Employees should be aware that an unambiguous resignation email can be accepted by an employer. If an employee submits a resignation unintentionally or under duress, attempting to retract it promptly is crucial, though success is not guaranteed. The decision highlights the importance of ensuring clarity and intent when submitting a resignation.
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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