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Unfair Dismissal - Did I Resign?

Discussion in 'Employment Law Forum' started by Tango Whiskey 78, 19 July 2014.

  1. Tango Whiskey 78

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    Guys, in unfair dismissal dispute employer said I did not resign. I was unsure of our notice period. But, I was on workers comp and personal leave and thinking that the I would finish off say 4 weeks after returning. The business never responded to my email or accepted my workers comp. A few months of silence later the employer asked if I wanted to leave or go. I said as per my letter I wanted to go and then say they accepted my resignation. They are now saying I have just freely resigned and submitted this to the commission. I thought that the employer was incumbent to double check with you if they were confused. At first there was no dismissal because I didn't resign, now they're saying there is no dismissal because I freely resign. Please help. Is my letter below a resignation or not?

    RE: Letter of intended Resignation

    Dear Ms Manager,

    I would like to inform you that I feel compelled to resign from my position as an employee for XXXXX, effective as of 4 weeks from the day I am fit to return to full time duties. (wrote about my grievances afterwards)

    I feel forced to write this letter because of what I consider a course of conduct by management to breach the duty of trust and confidence as a result that includes following;
    Again, the grievances above has brought me to this point and forced me to resign.
     
  2. John R

    John R Well-Known Member

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    Hi @Tango Whiskey 78,
    There's more knowledgable members on the forum so it's best for them to respond - but it "looks, walks and quacks" like a resignation letter to me (albeit, not the clearest resignation letter I've read).

    The recent Federal Circuit Court of Australia decision in Regional Express Holdings Limited v McDonald [2013] FCCA 1049 may also be of potential relevance.

    Hope this helps. Please keep us updated with your progress.
     
  3. Tango Whiskey 78

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    Note: The word "intended" in the title Re: Letter of Intended Resignation was meant to be an adjective not a noun. The grievance part where I b***h goes after the second sentence. The letter was meant to read as follows:-

    RE: Letter of Intended Resignation

    Dear Ms Manager,

    I would like to inform you that I feel compelled to resign from my position as an employee for XXXXX, effective as of 4 weeks from the day I am fit to return to full time duties.

    I feel forced to write this letter because of what I consider a course of conduct by management to breach the duty of trust and confidence as a result that includes following; (wrote about my grievances afterwards)
    Again, the grievances above has brought me to this point and forced me to resign."
     
  4. Tango Whiskey 78

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    Thank you John R for responding. I will keep you updated. I put up this thread as I am about to go to an jurisdiction object by the Respondent.
     
  5. Tango Whiskey 78

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    Dear John R

    Just before the hearing the arbitrator contacted myself and the legal reps of the employer via a conference call.
    To cut a long story short, the employer was forced to settle. I got the amount I wanted which was about 15 weeks pay.
    This was the amount I wanted during conciliation months before, but the employer refused it. Now it is estimated by insider sources that the employer spent an equivalent of one years pay on lawyer fees. They used one of the best corporate lawyers of the Asia-Pacific region to defend an extremely complex case as quoted by the arbitrator (deputy commissioner).

    I had no representation, but as a former manager I knew a fair bit on the fair work legislation. However, the plan was to force a settlement before a hearing for which I achieved! I simply won because I knew the employer representative personally. I knew that his (stupid) decisions style during my application for unfair dismissal was to feed his own ego. I should have lost my case if he wasn't so blinded by his own arrogance. However, it took me a lot of prayer to keep me in check. I would have pulled the pin at any time I felt I would to. I can move on now!
     
    John R likes this.
  6. John R

    John R Well-Known Member

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