{"id":142309,"date":"2025-09-14T10:05:06","date_gmt":"2025-09-14T10:05:06","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/142309\/"},"modified":"2025-09-14T10:05:06","modified_gmt":"2025-09-14T10:05:06","slug":"worker-claims-verbal-withdrawal-cancelled-written-resignation-during-company-sale","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/142309\/","title":{"rendered":"Worker claims verbal withdrawal cancelled written resignation during company sale"},"content":{"rendered":"<p dir=\"ltr\">The original company was purchased by a new employer in December 2022.<\/p>\n<p dir=\"ltr\">During this transition, the worker met with the new employer&#8217;s chief operating officer on 6 December 2022 as part of the company&#8217;s evaluation of existing staff. The timing of this meeting became crucial to the legal analysis.<\/p>\n<p dir=\"ltr\">The court explained that courts use both subjective and objective tests: &#8220;subjectively, did the employee intend to resign; and objectively, viewing all the circumstances, would a reasonable employer have understood that the employee had resigned?&#8221;<\/p>\n<p dir=\"ltr\">The legal framework recognises that employees may withdraw resignations under certain circumstances, but only &#8220;until such time as the employer accepts it or, where there is no acceptance, until the employer relies on it to its detriment.&#8221;<\/p>\n<p>Timing challenges in withdrawal attempts<\/p>\n<p dir=\"ltr\">The timing of the alleged withdrawal became decisive. The worker testified that during her meeting with the new employer&#8217;s chief operating officer, she communicated her intention to stay:<\/p>\n","protected":false},"excerpt":{"rendered":"The original company was purchased by a new employer in December 2022. During this transition, the worker met&hellip;\n","protected":false},"author":2,"featured_media":142310,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[64,63,99,96857,96858,180,96856],"class_list":{"0":"post-142309","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-jobs","8":"tag-au","9":"tag-australia","10":"tag-business","11":"tag-canada-employment-case-resignation","12":"tag-company-acquisition-canada-work","13":"tag-jobs","14":"tag-resignation-withdrawal-work-canada"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/142309","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=142309"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/142309\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/142310"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=142309"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=142309"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=142309"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}