A recent Employment Court case has over-turned the Employment Relations Authority on whether an employee had resigned or not.  The employee said, “I’m out of here, I’m finished”, and walked off, not contacting the workplace for over 6 days. 

The employer unsurprisingly took that as a resignation, and arranged a replacement.  The ERA agreed and rejected the claim for wrongful dismissal.  The Court overturned that decision and awarded 3 months wages and compensation for humiliation.

The Employment Court considers there was not an intention to resign, as the words were spoken after a heated argument and the employee was well known to be impulsive. 

One good point for the employer is that the Court reduced the remedies by 50% due to the employee’s contribution to the situation.

If you are unsure  what your position is when an employee walks out please call Alan Knowsley for an initial chat.