Worker quits during 'mental confusion' and distress, FWC examines validity
15 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a case involving a worker who sent a resignation email in the early hours of the morning and later attempted to retract it when he claimed he had been suffering from paranoid delusions.
The worker argued that his resignation should not have been accepted because he was experiencing a mental health crisis at the time. He contended that his employer was aware of his condition and should have questioned whether he truly intended to resign rather than promptly processing his termination.
Several colleagues and a union representative attempted to intervene on the worker's behalf, telling management that the worker was not in a proper mental state to make such a decision. Despite these efforts, the employer maintained that the resignation had been properly accepted and refused to allow the worker to withdraw it.
The worker was employed as a stevedore at Sydney International Container Terminals Pty Ltd (trading as Hutchison Ports) for nearly eight years. After returning from a 10-week absence, he was told that due to a downturn in work, all stevedores would have their hours reduced, which he interpreted as a reduction in income.
This news allegedly triggered a mental health episode. The worker testified that he suffered from stress, anxiety and paranoia that sometimes put him in a "manic"...
By Matthew Knott and Nick Bonyhady April 19, 2025 — 5.54pm , register or subscribe to save articles for later. Save articles for later Add articles to your saved list and come back to them any tim...