Did the worker communicate a legally effective resignation? Commission decides
A professor employed part-time by an educational institution filed an unfair dismissal application alleging that he was dismissed by the employer.
The worker had sent an email on 29 March 2025 stating he had decided to leave the institution on 7 April 2025 or one week later on 14 April 2025.
The employer accepted the resignation, but the worker then sent a same-day email on 7 April 2025 requesting to continue teaching until the end of the semester. The employer raised a jurisdictional objection alleging the worker resigned from his employment and was not dismissed.
The worker disputed this, arguing he was being forced to resign or was being dismissed after attempting to retract his resignation in late May 2025.
On 29 March 2025, the worker sent an email to the chief executive officer (CEO) and dean stating that, after considerable thinking, he had decided to leave the institution on 7 April 2025, or he could leave one week later on 14 April 2025 if that date was not suitable.
He stated he had taken this decision considering his own welfare and had no other avenue to contribute to good academic governance. On 7 April 2025, the CEO sent an email response stating the institution respected the worker's resignation dated 29 March 2025 and understood his decision.
The institution wanted to take this opportunity to wish him all the very best for the future....
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