When a resignation is not a resignation

When a resignation is not a resignation

In a very recent case, the communication between an employee and their employer, regarding salary negotiations, ended up in an unfair dismissal claim. See below how the conversation between the two parties, and how their interpretations differed:


As we have discussed, I currently add value to this business with my management expertise and unique tattooing capabilities. In addition, I would like to work with you at implementing several ideas and improvements that I have been working on, which will advance and grow the Business in the future, by better servicing our clients.

Taking this into consideration, $30 per hour, plus super, based on a 15 hour work week, is what I am worth to this business, and I will not be happy to accept less for my work here. (a salon I treat as mine)

I very much look forward to working with you in two into the future. 🙂


Sorry  but when you said in your email that you “will not be happy to accept less for my work here” I took that as a refusal to our latest and last offer and a sign that you were happy to move on. Ben and I think that this is the best option moving forward as the last thing we want is for you to be feeling under paid and unappreciated (which isn’t the case). Thanks again for all your hard work we love you and wish you the best…. Please arrange to either drop off or post the salon keys back to us over the next few days.


I received your response.

I don’t believe I put in my resignation, I merely stated how I felt regarding my pay.


Fair Work Australia found the Employee had been terminated by the Employer and the matter is now proceeding to a conciliation hearing.

This reiterates the importance of communication and following the correct procedures when negotiating with your employees.

Michael O'Shaughnessy

Michael is a specialist in all things HR. With vast HR experience in the USA and Australia, Michael brings a wealth of knowledge and advice to HR Central. When he's not blogging for HR Central you can find him out for dinner in one of Melbourne's newest restaurants.

Related Posts