It is best not to act in haste when an employee says I quit during a heated situation. There have been many occasions when an employee has said words to the effect that they are quitting and even left the workplace. A recent decision of the Fair Work Commission found that when an employee does quit in circumstances where tempers are raised that the employee did not mean to resign.

 When this happens it is always best to wait for the situation to calm down then ask again whether the employee actually means to resign.

 The Commission had previously stated that “A resignation that is given in the heat of the moment or under extreme pressure may constitute special circumstances, such that a period of time be allowed to elapse and/or further enquiries made as to whether the resignation was intended. If a resignation is not withdrawn within a reasonable time, this may suggest the resignation was intended.”

 In such a circumstance we always suggest that after a reasonable time has elapsed that the employee be contacted to confirm whether they intended to resign and if they did then to provide the resignation in writing. By receiving the resignation in writing the employer can be assured that the resignation was intended.

 Acting too quickly to accept a resignation in the heat of the moment may find you facing an unfair dismissal claim, and a finding that the employee had actually been unfairly dismissed.