Corporate trends / Performance record
Decision on Unfair Dismissal Relating to “Expression of Intent to Resign (Verbal Notice to the Site Manager)” (Unfair Dismissal 554)
- Date2026/07/19 04:04
- Read 33
[Case Information]
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (verbal notice to the site manager).”
Decision Committee: Gyeonggi Regional Labor Relations Commission 2026Buhae381 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-27 · Case outcome: Dismissed
Key issues in summary: (i) There was no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) while the employer consistently denied any dismissal, the employee, during a phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation, and expressed that he could not continue working despite the employer’s encouragement to remain employed; (iii) after a duty shift, the employee did not report to work again, and there was no evidence that the employee had been forced to resign or that the employer had…
1. Legal Implications
In this unfair dismissal case, the employee’s and employer’s assertions were in direct conflict before the Labor Relations Commission, and it is a type of case frequently consulted on at Labor Law Firm Law&. The Commission comprehensively reviewed the site manager’s verbal notice, the content of the phone call with the head office director, and whether the employee reported to work thereafter, and determined that the situation was closer to a voluntary resignation by the employee than to an unfair dismissal.
Ⅰ. Case Overview
In Gyeonggi Regional Labor Relations Commission Case No. 2026Buhae381, the employee claimed that the site manager had notified him of his dismissal, whereas the employer argued that no such dismissal had occurred and that, on the contrary, the employee had voluntarily requested to resign. While the employee had not reported to work since completing a duty shift, the Commission’s review focused on the recorded phone calls between the parties, the structure of personnel authority, and any evidence of hiring a replacement.
Ⅱ. Summary of Issues
The issue in this case is whether, based solely on the site manager’s verbal notice and the subsequent circumstances, the employer unilaterally terminated the employment relationship against the employee’s will, constituting “unfair dismissal,” or whether the employment relationship ended due to the employee’s voluntary expression of intent to resign or retire.
Ⅲ. Key Points of the Labor Relations Commission’s Decision
The panel in this case noted that no objective evidence had been submitted to show that the employer, as the management entity, had delegated final personnel authority or dismissal authority to the site manager; that, in the phone call with the head office director, the employee repeatedly requested to be processed as resigned or as a recommended resignation and clearly expressed that he could no longer work, despite the employer’s encouragement to continue working; and that, after his duty shift, the employee voluntarily stopped reporting to work and there was no objective evidence to support allegations of forced resignation or pre-arranged hiring of a successor.
In light of these circumstances, the panel found it difficult to conclude, based solely on the “dismissal notice by the site manager” alleged by the employee, that the employer had unilaterally terminated the employment relationship. Overall, it was deemed more appropriate to view the matter as an expression of the employee’s intent to resign or retire and a consequent termination of the employment relationship.
The dismissal measure in this case was therefore found not to constitute an unfair dismissal in which the employer unilaterally terminated the employment relationship against the employee’s will.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should be aware that, even if they actually intend to continue working, repeatedly saying in a moment of emotion or under pressure, “Please process my resignation,” or “Please treat this as a recommended resignation,” may later be evaluated in a dispute as a voluntary request to resign. To substantiate a claim of forced resignation, it is essential to secure objective evidence—such as recordings, written documents, text messages, or messenger records—that can support the employer’s unilateral intent to dismiss, including demands to submit a resignation letter, threats of dismissal, or indications that a successor has already been selected.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s side, it is important to clearly specify—through work rules, delegation and approval regulations, and personnel regulations—whether dismissal and personnel authority have actually been delegated to on-site managers such as site managers. Furthermore, even when an employee voluntarily requests resignation or a recommended resignation, the employee’s intent should be clearly documented in writing, such as through a resignation letter or agreement for mutual termination. Records or audio of phone calls and interviews should also be preserved so that, in any subsequent unfair dismissal dispute, the employer can prove that the employment relationship ended by resignation or mutual agreement.
2. Matters Determined
A. Case Overview and Procedural History
Considering (i) there is no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) the employer consistently denies any dismissal, whereas the employee, in the phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation and expressed that he could not continue working despite the employer’s encouragement to remain employed; and (iii) the employee did not report to work after his duty shift, and no objective evidence was submitted to show that the employee had been forced to resign or that the employer had pre-selected a successor, it is difficult to conclude that the employer unilaterally terminated the employment relationship against the employee’s will…
3. Summary of Decision
A. Key Points of the Labor Relations Commission’s Decision
Considering (i) there is no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) the employer consistently denies any dismissal, whereas the employee, in the phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation and expressed that he could not continue working despite the employer’s encouragement to remain employed; and (iii) the employee did not report to work after his duty shift, and no objective evidence was submitted to show that the employee had been forced to resign or that the employer had pre-selected a successor, it is difficult to conclude that the employer unilaterally terminated the employment relationship against the employee’s will… /
[See More Related Decisions]
- “Decision on Unfair Dismissal Relating to ‘Expression of Intent to Resign (Resignation Remarks in Phone Call)’”
- “Decision on Unfair Dismissal Relating to ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’”
- “Decision on Unfair Dismissal Relating to ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’” – Date of decision: – Case outcome: Original decision upheld
[Tags]
Unfair dismissal, expression of intent to resign (verbal notice to the site manager), others, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Decision on Unfair Dismissal Relating to ‘Transfer Order (Placement as Liquor Field Supporter)’,” in a new window.
※ The list of decisions relating to expression of intent to resign (verbal notice to the site manager) can be found in the “List of Decisions Relating to Expression of Intent to Resign (Verbal Notice to the Site Manager).”
※ Korean version of this case: Korean article
This case is a decision in which the employer prevailed (application dismissed) on the issue of “expression of intent to resign (verbal notice to the site manager).”
Decision Committee: Gyeonggi Regional Labor Relations Commission 2026Buhae381 ○ ○ ○ Application for Remedy for Unfair Dismissal
2026-05-27 · Case outcome: Dismissed
Key issues in summary: (i) There was no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) while the employer consistently denied any dismissal, the employee, during a phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation, and expressed that he could not continue working despite the employer’s encouragement to remain employed; (iii) after a duty shift, the employee did not report to work again, and there was no evidence that the employee had been forced to resign or that the employer had…
1. Legal Implications
In this unfair dismissal case, the employee’s and employer’s assertions were in direct conflict before the Labor Relations Commission, and it is a type of case frequently consulted on at Labor Law Firm Law&. The Commission comprehensively reviewed the site manager’s verbal notice, the content of the phone call with the head office director, and whether the employee reported to work thereafter, and determined that the situation was closer to a voluntary resignation by the employee than to an unfair dismissal.
Ⅰ. Case Overview
In Gyeonggi Regional Labor Relations Commission Case No. 2026Buhae381, the employee claimed that the site manager had notified him of his dismissal, whereas the employer argued that no such dismissal had occurred and that, on the contrary, the employee had voluntarily requested to resign. While the employee had not reported to work since completing a duty shift, the Commission’s review focused on the recorded phone calls between the parties, the structure of personnel authority, and any evidence of hiring a replacement.
Ⅱ. Summary of Issues
The issue in this case is whether, based solely on the site manager’s verbal notice and the subsequent circumstances, the employer unilaterally terminated the employment relationship against the employee’s will, constituting “unfair dismissal,” or whether the employment relationship ended due to the employee’s voluntary expression of intent to resign or retire.
Ⅲ. Key Points of the Labor Relations Commission’s Decision
The panel in this case noted that no objective evidence had been submitted to show that the employer, as the management entity, had delegated final personnel authority or dismissal authority to the site manager; that, in the phone call with the head office director, the employee repeatedly requested to be processed as resigned or as a recommended resignation and clearly expressed that he could no longer work, despite the employer’s encouragement to continue working; and that, after his duty shift, the employee voluntarily stopped reporting to work and there was no objective evidence to support allegations of forced resignation or pre-arranged hiring of a successor.
In light of these circumstances, the panel found it difficult to conclude, based solely on the “dismissal notice by the site manager” alleged by the employee, that the employer had unilaterally terminated the employment relationship. Overall, it was deemed more appropriate to view the matter as an expression of the employee’s intent to resign or retire and a consequent termination of the employment relationship.
The dismissal measure in this case was therefore found not to constitute an unfair dismissal in which the employer unilaterally terminated the employment relationship against the employee’s will.
Ⅳ. Practical Points (From the Employee’s Perspective)
Employees should be aware that, even if they actually intend to continue working, repeatedly saying in a moment of emotion or under pressure, “Please process my resignation,” or “Please treat this as a recommended resignation,” may later be evaluated in a dispute as a voluntary request to resign. To substantiate a claim of forced resignation, it is essential to secure objective evidence—such as recordings, written documents, text messages, or messenger records—that can support the employer’s unilateral intent to dismiss, including demands to submit a resignation letter, threats of dismissal, or indications that a successor has already been selected.
Ⅴ. Practical Points (From the Employer/Company’s Perspective)
From the employer’s side, it is important to clearly specify—through work rules, delegation and approval regulations, and personnel regulations—whether dismissal and personnel authority have actually been delegated to on-site managers such as site managers. Furthermore, even when an employee voluntarily requests resignation or a recommended resignation, the employee’s intent should be clearly documented in writing, such as through a resignation letter or agreement for mutual termination. Records or audio of phone calls and interviews should also be preserved so that, in any subsequent unfair dismissal dispute, the employer can prove that the employment relationship ended by resignation or mutual agreement.
2. Matters Determined
A. Case Overview and Procedural History
Considering (i) there is no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) the employer consistently denies any dismissal, whereas the employee, in the phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation and expressed that he could not continue working despite the employer’s encouragement to remain employed; and (iii) the employee did not report to work after his duty shift, and no objective evidence was submitted to show that the employee had been forced to resign or that the employer had pre-selected a successor, it is difficult to conclude that the employer unilaterally terminated the employment relationship against the employee’s will…
3. Summary of Decision
A. Key Points of the Labor Relations Commission’s Decision
Considering (i) there is no objective evidence to recognize that the site manager had final personnel authority or the authority to dismiss employees; (ii) the employer consistently denies any dismissal, whereas the employee, in the phone call with the head office director, repeatedly requested to be processed as resigned or as a recommended resignation and expressed that he could not continue working despite the employer’s encouragement to remain employed; and (iii) the employee did not report to work after his duty shift, and no objective evidence was submitted to show that the employee had been forced to resign or that the employer had pre-selected a successor, it is difficult to conclude that the employer unilaterally terminated the employment relationship against the employee’s will… /
[See More Related Decisions]
- “Decision on Unfair Dismissal Relating to ‘Expression of Intent to Resign (Resignation Remarks in Phone Call)’”
- “Decision on Unfair Dismissal Relating to ‘Failure to Meet Requirements for Redundancy Dismissal (Workout Company)’”
- “Decision on Unfair Dismissal Relating to ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’” – Date of decision: – Case outcome: Original decision upheld
[Tags]
Unfair dismissal, expression of intent to resign (verbal notice to the site manager), others, Labor Law Firm Law&, large labor law firm, Samseong-dong labor law firm, Samseong Station labor law firm, Gangnam labor law firm
※ This article is part of the “Unfair Dismissal Decisions” series by Labor Law Firm Law&.
※ You can view the previous article, “Decision on Unfair Dismissal Relating to ‘Transfer Order (Placement as Liquor Field Supporter)’,” in a new window.
※ The list of decisions relating to expression of intent to resign (verbal notice to the site manager) can be found in the “List of Decisions Relating to Expression of Intent to Resign (Verbal Notice to the Site Manager).”
※ Korean version of this case: Korean article
