Onus is on the Employer to Establish Genuine Resignation

In the WRC case of Anatoliy Ludchenko v. Harp Renewables LtdADJ-00039137, the Respondent was found to be unreasonable to interpret the words used by the Complainant as words of resignation and the Complainant was found to have been unfairly dismissed. However, the Complainant’s previous threats to resign was taken into account as contributing to his dismissal and the compensation award was reduced accordingly.

Facts: The Complainant was a specialist welder who was employed by the Respondent from 22^nd June 2020. On 23^rd November 2021 the Complainant had become frustrated in relation to the work he was doing and he went to his Supervisor and stated that he was finished and that he no longer worked for Harp. The Supervisor stated in evidence that he asked the Complainant if he was sure and the Complainant confirmed. The Complainant finished working that day but he did not show up for work the following two days. On the afternoon of 24^th November 2021, the Complainant attempted to apply online for sick leave but this was refused as the Respondent had already taken it that the Complainant resigned. The Complainant attempted to apply for sick leave again on 25^th November but this was again refused for the same reason. The Complainant turned up for work on 26^th November to be told by his supervisor that he did not work there anymore.

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