About Us
FAQ
Global Law Experts Logo
Global Law Experts Logo

Find a Global Law Expert

Specialism
Country
Practice Area

Awards

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

Onus is on the Employer to Establish Genuine Resignation

posted 1 year ago

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 22nd June 2020. On 23rd 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 24th 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 25th November but this was again refused for the same reason. The Complainant turned up for work on 26th November to be told by his supervisor that he did not work there anymore.

 

Continue reading here

Find the right Legal Expert for your business

The premier guide to leading legal professionals throughout the world

Specialism
Country
Practice Area
0
LAWYERS RECOGNIZED
0 m+
EVALUATIONS OF LAWYERS BY THEIR PEERS
0
PRACTICE AREAS
0
COUNTRIES AROUND THE WORLD

Join

0
who are already getting the benefits

Sign up for the latest legal briefings and news within Global Law Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

Newsletter Sign Up

About Us

Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Contact Us

Stay Informed

Join Mailing List

GLE