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Heat-of-the-moment resignation was not "legally effective": FWC

An employee who resigned in the "heat of the moment" was dismissed, the Fair Work Commission has ruled, finding the employer failed to clarify whether she "really intended" her action.

Deputy President Amber Millhouse found that despite the employee's "repeated and emphatic" correspondence to the employer saying she had not intended to resign, it elected not to meaningfully engage with her about the matter.

The finance and administration coordinator submitted an application for an unfair dismissal remedy, but her employer, Diamond Valley Community Support, objected on the basis she hadn't been sacked...

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