Can an Employee Withdraw Their Resignation? Fair Work Commission Considers Disputed Resignation

An employee who resigns during an argument with their employer may subsequently regret their decision and attempt to withdraw their resignation. But is an employer required to accept that withdrawal?

A recent Fair Work Commission decision provides useful guidance on resignations made during workplace disagreements and the circumstances in which an employee may claim they were effectively dismissed.

Background

The applicant in the matter, Ms McKay, was employed as a cleaner by Integrated FM Group Pty Ltd. On 29 August 2025, the company’s managing director, Mr Cameron, telephoned Ms McKay following a complaint from a client concerning chairs that had been stacked unsafely at a TAFE campus.

During the conversation, Mr Cameron questioned Ms McKay about the incident. According to the employer, Ms McKay became abusive when confronted with the allegations and stated that she was quitting.

Following the conversation, Mr Cameron sent a text message indicating that he was prepared to accept her resignation if confirmed with appropriate notice. Ms McKay responded that she would not be giving notice if she quit. Mr Cameron subsequently confirmed acceptance of her resignation.

On 1 September 2025, Ms McKay attempted to retract her resignation, explaining that she had made the decision while distressed and that it did not reflect her genuine intentions. The employer considered her request but ultimately maintained that her employment had ended by resignation.

Ms McKay subsequently lodged a general protections dismissal application, arguing that her resignation was involuntary.

What did the Fair Work Commission decide?

Commissioner Perica considered whether Ms McKay had genuinely resigned or whether her employment had been terminated at the employer’s initiative.

Ms McKay argued that her resignation occurred in the heat of the moment and that she had been pressured into resigning. She also referred to health difficulties, including long COVID and PTSD, which she claimed affected her decision-making. However, the Commission found insufficient medical evidence establishing that these conditions affected her ability to make decisions when she resigned.

The Commission preferred Mr Cameron’s evidence concerning the telephone conversation and accepted that he had not behaved aggressively or threatened Ms McKay’s employment.

Importantly, the Commission placed weight on Ms McKay’s subsequent text message confirming that she would not provide notice.

Applying an objective test, the Commission concluded that a reasonable person would have understood Ms McKay’s words and conduct as conveying a genuine intention to resign.

The Commission also rejected the argument that the employer’s conduct had forced her resignation.

Accordingly, Ms McKay had not been dismissed within the meaning of section 386 of the Fair Work Act 2009, and her general protections dismissal application was dismissed.

When can a resignation amount to a dismissal?

The decision highlights two circumstances in which an apparent resignation may constitute a dismissal.

Resignation in the heat of the moment

A resignation may be ineffective where an employee is experiencing emotional stress or mental confusion to such an extent that a reasonable person would not understand their words as conveying a genuine intention to resign.

Forced resignation

Under section 386(1)(b), a resignation may constitute a dismissal where the employer’s conduct effectively leaves the employee with no real choice but to resign. However, merely being upset or dissatisfied with an employer’s conduct does not necessarily establish that a resignation was involuntary.

What should employers do?

Employers should exercise caution when employees resign during workplace disagreements.

Where the circumstances suggest an employee may have acted impulsively, employers should consider clarifying the employee’s intentions before treating the resignation as final.

Written confirmation can also be particularly important. In this case, the employee’s subsequent text message was significant evidence supporting the conclusion that she genuinely intended to resign.

Employers should also ensure that discussions concerning misconduct, performance or workplace concerns are conducted professionally and without coercion.

Key takeaway for employers

An employee does not automatically have the right to withdraw a genuine resignation simply because they subsequently regret their decision. However, the circumstances surrounding the resignation remain critical. The question is whether a reasonable person would understand the employee’s words and conduct as conveying a genuine intention to resign, or whether the resignation was forced by the employer’s conduct.

Read the decision: Chantelle McKay v Integrated FM Group Pty Ltd and Robert Cameron [2026] FWC 3806