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"Beat you to it" resignation was ultimately "unambiguous"

Frustrated by his workload, an employee quit "impulsively and under some pressure", but confirming his intentions an hour later meant the employer was entitled to treat his resignation as "unambiguous", the Fair Work Commission has ruled.

There was no additional duty for the employer to confirm that the employee intended to resign, when he'd "made it clear in the subsequent phone conversation that he would not be returning", said Commissioner Tim Lee.

The hotel cleaner for Mercure Port of Echuca resigned in February this year, but subsequently filed a general protections claim involving dismissal. His employer objected on the grounds that he hadn't been sacked...

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