What is required for a resignation to be effective?
“Was the Applicant’s employment terminated on the Respondent’s initiative (s.386(1)(a))?
 In broad terms, a resignation which is not regarded as being truly voluntary may not be
an effective resignation capable of acceptance by an employer. In such a case acceptance of the
resignation will constitute a termination at the initiative of the employer. However, where an
employee uses unambiguous words an employer is entitled to treat such a resignation as
effective and which operates to terminate the employment.
 A resignation that is given in the heat of the moment or under extreme pressure may
constitute special circumstances such that a reasonable period of time should be allowed to
elapse and/or further enquiries made as to whether the resignation was not intended. If a
resignation is not withdrawn within a reasonable time, this may suggest the resignation was
 Special circumstances may also exist where an employee is ‘jostled’ by the actions of
the employer to resign such that the resignation in such circumstances is not effective.
 In all cases an objective view of the actions of the employer and employee is required.”
Thakur v Assetlink Services (11) Pty Limited  FWC 2550 delivered 10 October 2023 per Bissett C