Employer Not Allowed to Play Dumb on Resignation
My Take
Employers frequently make arguments like those made in this instance, which is regrettably not
unusual. Employers are constantly seeking for methods to avoid paying severance, and in most
situations, if an employee resigns (except for cases of constructive dismissal), the company is not
required to pay severance. Employers might be intentionally oblivious at times, or they can be dishonest
in what they "understood" about an employee's purpose to leave. The Appealing Body decides that it
was inappropriate for the Complainant to draw the conclusion that the Respondent never longer would
like to work for the Appellant based on his refusal to show up at the job site each morning and his
refusal of the track maintenance.