[2025] FWCFB 202
Citation: [2025] FWCFB 202
At a glance
- Employees affected
- 1
What happened
David Gourlay, a stevedore at Sydney International Container Terminals (Hutchison Ports Sydney), sent an email resigning from his position on September 26, 2024, at 4:31 am while experiencing stress and paranoid thoughts. He later attempted to retract the resignation. Hutchison Ports accepted the resignation and processed his final payment. Mr Gourlay initiated an unfair dismissal claim, which Commissioner Sloan dismissed, finding he was not dismissed. Gourlay appealed this decision.
What was decided
The Full Bench of the Fair Work Commission granted permission to appeal Commissioner Sloan’s decision. They quashed the original decision and referred the matter back to Commissioner Sloan for a re-hearing to determine whether Mr Gourlay was dismissed by Hutchison Ports. The Full Bench found the Commissioner did not adequately consider whether Hutchison Ports was or should have been aware of the circumstances surrounding Mr Gourlay’s resignation.
What it means for employers
Employers should be cautious when accepting resignations, especially when there are indications an employee may not be acting rationally. It's prudent to investigate and clarify an employee's intentions before processing a resignation, particularly if there are concerns about their mental health or unusual circumstances surrounding the resignation.
What it means for employees
Employees experiencing mental health difficulties should communicate these concerns to their employer. While a resignation can be unilateral, employers may have a duty to inquire if there are circumstances suggesting the resignation was not freely and voluntarily given.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb202.pdfWant more cases like this?
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This summary was drafted by AI 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 →