In recent times there has been a string of decisions from the
Fair Work Commission directed to whether and in what
circumstances, an employee can assert that a resignation given in
the heat of the moment which is withdrawn, may not be relied upon
by their employer.
To those following the titanic struggle between BUPA Aged Care
Australia Pty Limited and its former employee Shahin Tavassoli, it
may not come as a complete surprise that there has been a further
decision from the Full Bench of the Fair Work Commission. This was
handed down on 9 May 2018.
The fact that there have now been 4 decisions from the Fair Work
Commission (2 from the Full Bench and 2 from individual
Commissioners) without a final resolution, may seem like a
lawyer's picnic. However the litigation has resulted
in a detailed examination of the provisions of the Fair Work Act
which are engaged in this area of the law.
