A small business employer met with an employee over allegations including watching “demonic videos” at work, using the women’s toilets despite being told not to, and disparaging a colleague.
Mid-meeting, the employee declared, “I’m done” and “I’m out of here”, threw his keys at management, clenched his fist, and allegedly added “You better watch your back”, “There’s a bullet with your name on it”, and that he knew bikies who’d come after them.
Later, he texted to ask if he’d been fired or could return. The employer said no, he’d resigned.
In unfair dismissal proceedings, the Fair Work Commission found that the resignation happened in the heat of the moment and the employee should’ve been given a chance to cool off and clarify. But the bullet-and-bikies chat crossed the line into serious misconduct, which justified summary dismissal.
Take Out Point: A resignation in the heat of the moment can sometimes be walked back. Threats about bikies and bullets, not so much.