“I Quit!” – Or Were You Actually Dismissed?
Most employees think that if they blurt out “I quit!” in the middle of a stressful shift, that’s the end of the story. But according to the Fair Work Commission, it might not be. In fact, you could be legally dismissed, even if the words came out of your mouth. Essentially, what you say in the heat of the moment may not count as a resignation.
This area of unfair dismissal law often surprises employees and employers alike. It involves what's known as “heat of the moment” resignations – emotional outbursts that are later regretted. And under the right circumstances, they might not be legally binding.
According to the Fair Work Commission, a resignation must be “clear and unambiguous”. Simply storming out after an argument doesn’t automatically terminate your employment. Similarly, saying something like “I’ve had enough, I’m done” might not count if you were visibly distressed, and your employer made no effort to clarify your intent later.
What does this mean in practice? If you were emotional, overwhelmed, or pressured when you said something that sounded like a resignation – and your employer jumped on it without checking in – the law may treat it as a dismissal initiated by the employer, not you.
The Fair Work Commission places an implicit duty on the employer to “cool off” and seek clarification before taking the resignation at face value. If they don’t do that – if they accept your outburst as final without checking back when things calm down – the Commission may treat it as an unfair dismissal. This is particularly the case if:
You didn’t put anything in writing
The resignation happened during a confrontation or disciplinary meeting
You were crying, shouting, or visibly distressed
The employer refused to let you reconsider later
Some employers are all too eager to accept a sudden resignation – especially if they were already looking to move you on. But that eagerness can backfire.
The Fair Work Commission looks at substance, not just words. If you were in a distressed state, and they didn’t confirm your intent, you may still have been dismissed unlawfully.
What to Do if You Regret Resigning on the Spot
If you’ve “resigned” in a moment of heat, it doesn’t automatically mean you walked away. The law protects employees from being taken advantage of during emotional situations – and the Fair Work Commission has shown it will intervene when employers act opportunistically.
Let us help you turn the tables. If your “resignation” wasn’t really your choice, you may have grounds for a strong unfair dismissal case.
If this has only just occurred, you must act quickly and request further clarification. Contact your employer within a day or two, preferably in writing, to explain you were emotional and didn’t mean it.
Finally, seek advice – If they’ve acted as though you're gone without confirming, speak to a workplace advocate (like us) immediately. You may still have a case.
