The original company was purchased by a new employer in December 2022.
During this transition, the worker met with the new employer’s chief operating officer on 6 December 2022 as part of the company’s evaluation of existing staff. The timing of this meeting became crucial to the legal analysis.
The court explained that courts use both subjective and objective tests: “subjectively, did the employee intend to resign; and objectively, viewing all the circumstances, would a reasonable employer have understood that the employee had resigned?”
The legal framework recognises that employees may withdraw resignations under certain circumstances, but only “until such time as the employer accepts it or, where there is no acceptance, until the employer relies on it to its detriment.”
Timing challenges in withdrawal attempts
The timing of the alleged withdrawal became decisive. The worker testified that during her meeting with the new employer’s chief operating officer, she communicated her intention to stay: