Employer argues worker had multiple opportunities to withdraw resignation, but she never did
A senior speech pathologist challenged her employer's argument that she resigned, contending that resignation expressed while experiencing significant stress from health issues and communication challenges was not legally effective.
The worker argued that she said words when in a vulnerable state and crying, the employer should have clarified her genuine intention to resign, and the resignation was forced by the employer's conduct, leaving no real choice.
The employer maintained that the worker clearly resigned and discussed the notice period over two meetings, had multiple opportunities to retract the resignation during the four-week notice period, but never attempted to do so, and no employer conduct forced the resignation.
The employer operated a speech pathology and occupational therapy service. The employer employed the worker as a senior speech pathologist on a part-time basis. Her employment started on 8 January 2024 and ended on 4 July 2025.
The worker was a neurodivergent person, with diagnosed autism and attention deficit hyperactivity disorder. Her neurodiversity affected her interoceptive awareness and executive functioning, which in turn affected communication. She disclosed her neurodiversity and its effects to the employer.
In April 2025, the worker gave a presentation to her colleagues during a training day. Feedback...
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