A recent decision of the Fair Work Commission (“FWC”) clarifies that an employee's repeated threats to resign do not amount to resignation and serves as a reminder that employers should exercise caution in response to “heat of the moment” resignations threats.
Background
The relationship between the employee, a pool cleaner, and his employer, a Newcastle-based hydrotherapy pool operator, deteriorated over a period of several months. The employee's grievances included a perceived lack of recognition of his efforts, concerns that he had been underpaid by the pool operator and alleged non-compliance with the applicable Award.
The relationship breakdown came to a head during a meeting between the employee and the employer's Administration Manager during which the employee raised underpayment issues. According to the employer, the employee concluded the meeting by saying “that's it, I resign then”.
