Log in or become a subscriber

After initially throwing out his claim, the Fair Work Commission has found a mentally unwell employee was dismissed when his employer accepted his resignation, and that his circumstances made this "unquestionably harsh".

The employer was aware of concerns that the employee "was not in his right mind" when he quit, but there was no evidence it proactively sought to clarify his intentions, Commissioner Damian Sloan said.

The case involved a Hutchison Ports stevedore who emailed his resignation at 4.31am on 26 September 2024, and the employer accepted it around 11am. He sought to withdraw it later that day, but the employer declined, despite efforts from his colleagues and union to intervene.

The employee subsequently claimed unfair dismissal, arguing he "unknowingly" quit while suffering from "paranoid delusions", but the employer objected on the basis that the termination wasn't at its initiative...