Did They Really Resign?

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When an employee resigns, clubs often verbally accept the resignation and wish the employee good luck in their next job and don’t give it a second thought.

However, the recent Fair Work Commission (the Commission) case of Bethan St John Rutter (Bethan) and Anglogold Ashanti Australia Limited [2023] FWC 1891 (Employer) has advised that in certain circumstances clubs will now need to confirm the employee’s intention when resigning.

Facts

In this case, when Bethan was hired, she advised her employer that she had severe food allergies and was promised they would accommodate her on site. Only 20 days into work, Bethan ate the icing off a cake that was in a communal area and suffered a near anaphylactic attack. Two days later, Bethan resigned by email. Bethan did not receive a response to her email, so she emailed her employer to discuss ways to improve food safety on site; and then two days later, she sent another email retracting her resignation. The following day, her employer sent a letter advising that it was too late, and they accepted her resignation.

Bethan Rutter made an application to the FWC alleging that she had been dismissed from her job in breach of the General Protections provisions of the Fair Work Act (FWA).

Decision

The FWC accepted that there was a clear and unambiguous resignation by Bethan. However, the Commission decided that her resignation was given during a state of high stress (suffering a near anaphylactic attack) and her employer should have made enquiries into her true intention, given they knew about her severe allergies.

The Commission also found that the actions of Bethan in attending the employer’s office post resignation email to discuss food safety at the site, coupled with her request to revoke gave her employer even more reason to explore the intentions of the applicant. Therefore, the Commission found that the termination was at the initiative of the employer.

What Does that Mean for Clubs?

When accepting an employee’s resignation letter, or verbal resignation, this is best done in writing. If the resignation was made during a time of high stress or mental confusion, the club should reach out to confirm the employee’s intention.