KEEPING IT COOL: 'HEAT OF THE MOMENT' RESIGNATIONS

摘要

It sometimes happens that employment relationships end following an argument. An employee may become so frustrated with whatever is causing disagreement that they simply walk off the job. He or she may say "I quit" and tender their resignation on the spot. Up until recently, case law has indicated that an employer confronted with this kind of 'heat of the moment' resignation following an emotional outburst should allow a cooling off period. This allows the employee time to reconsider their resignation in the full light of day and to clarify their intentions. In the case of Mike's Transport Warehouse Ltd v Vermuelen the Employment Court recently reviewed the legal principles around 'heat of the moment' resignations. The Court has focused on the principle that a resignation is simply an employee giving notice of termination and it is a unilateral action. The key issue is not whether there has been a 'cooling off period' but whether the employee had in fact resigned.