The dismissal was unjust and harsh, the Fair Work Commission finds
Accepting a 4:31am resignation without question cost Hutchison Ports an unfair dismissal ruling. The Fair Work Commission's 20 April 2026 decision explains why.
When David Gourlay sent a resignation email to his employer, Sydney International Container Terminals Pty Ltd, trading as Hutchison Ports, in the early hours of 26 September 2024, the company processed and accepted it by 11:02am the same morning. Twenty-two minutes later, Gourlay was trying to take it back.
In a decision handed down on 20 April 2026, the Fair Work Commission found Hutchison Ports had unfairly dismissed Gourlay, whose employment had spanned nearly eight years. The central finding was that the resignation was not valid because Gourlay was in a state of mental confusion when he sent the email, and once concerns about that were raised, the company failed to make meaningful enquiries into whether the resignation was genuinely intended.
What made the case significant for HR professionals was not the timing alone, but what unfolded over the rest of that day. The email had been sent on Gourlay's first day back after approximately 10 weeks of leave. Two of his co-workers separately contacted a Hutchison Ports manager, Geoff Hughes, to raise serious concerns. Barry McGrath told Hughes he believed Gourlay was not in his right mind to make such a life-changing decision and needed medical help. Dan Hanford, who had spoken to Gourlay by phone...
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