Usually, when an employee resigns there is no doubt about their intention. A resignation letter is provided, accounting for a period of notice; the employee works out that notice and the employment ends. However, sometimes the language used by employees can give rise to uncertainty as to whether the employee has actually resigned.
The Fair Work Commission in Rodney Harvey v Valentine Hydrotherapy Pools Inc [2021] FWC 3373 laid down some useful guidelines to deal with such situations.
The Facts
Mr Harvey, the applicant, was employed by the respondent as a casual pool attendant from April 2015 until 19 February 2021. On 15 February 2021, Mr Harvey had a conversation with Ms Turton, an employee of the respondent, about what he believed to be an underpayment of his wages. The conversation became heated and, at the end of the conversation, the applicant said he would hand in his notice and left the premises.
