ARTICLE · 02 JULY 2026

The Resignation That Wasn’t!

Clifford Gouldson Lawyers

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A Fair Work Commission ruling demonstrates that unclear employee statements during emotional or confusing circumstances may not constitute valid resignations. The decision in Jung Hong v Green Drake Pty Ltd examines how language barriers, distress, and ambiguous communication can transform what appears to be a resignation into an employer-initiated dismissal, creating potential liability under the Fair Work Act.

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Why the distinction matters?

Employment relationships typically end in one of two ways, either by resignation or by dismissal.

For an employer, resignation of an employee usually comes with significantly less liability or potential repercussions.

By comparison, dismissals, especially where the reasoning is ambiguous or disputable, can expose an employer to claims under the Fair Work Act 2009 (Cth).

When is a resignation a dismissal?

So, what distinguishes a resignation from a dismissal? Common sense would suggest that a resignation occurs where an employee decides that they no longer wish to continue their employment and communicates that decision to their employer. On that basis, if an employee is asked, “do you want to continue working here?” and the response is “no”, then that would be a resignation, right? Not always.

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