Employers Should be Cautious of "Heat of the Moment" Resignations

In a recent decision of the Workplace Relations Commission (“WRC”) in Darryl Scales v Ennistymon Parish & Community Group ADJ-00047886, the Complainant alleged he was unfairly dismissed under section 6 of the Unfair Dismissals Act 1977 (“the Act”) while the Respondent alleged the Complainant had resigned.

Facts:

The dispute regarding whether the Complainant was dismissed or resigned revolved around a meeting of 4^th August 2023, between the Complainant and his supervisor.

It appears there was no dispute that on Friday 4 August 2023, the Complainant turned up unannounced on his day off in the office of his supervisor. He appeared to be dissatisfied with the way an investigation into a particular workplace incident was being carried out.

There was no dispute that at the said meeting the Complainant threw his key back to his supervisor. It appears that, when asked by his supervisor if he was coming back to work on the next morning, the Complainant’s reply was to the effect that he was not, why would he, and that he was leaving. It seems that the parties’ interpretation of the Complainant’s response was completely different. There was no dispute that the Complainant did not turn up for work on Saturday 5^th August and Sunday 6^th August 2023. The Complainant did not contact the Respondent at all to explain his non-attendance. The Complainant, at the adjudication hearing asserted that he declined to work but he did not resign. The Respondent, on the other hand, contended that the Complainant resigned his position.

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