Corporate trends / Performance record
‘Expression of Voluntary Resignation (KakaoTalk Farewell Right After Probation Interview · Immediate Departure)’ Unfair Dismissal Decision (Unfair Dismissal 133)
- Date2026/01/22 04:04
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[Case Information]
This case concerns a decision in which the employer prevailed (application dismissed) on the issue of “expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure).”
Decision Committee: Jeju Regional Labor Relations Commission 2025Buhae189 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.11.14 · Case result: Dismissed
Key issue summary: The worker was an employee on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated, “It doesn’t seem like this job suits you.”
1. Legal Implications
Ⅰ. Case Overview
This case is an application for remedy for unfair dismissal concerning a situation where an employee on probation, immediately after an interview with the representative, expressed an intention to resign, posted a farewell message in a KakaoTalk group chat, and on the same day completed wage settlement, returned the company vehicle, and left the workplace. Based on this series of circumstances, the Jeju Regional Labor Relations Commission examined whether the termination of the employment relationship constituted unilateral unfair dismissal by the employer or should be regarded as the employee’s voluntary resignation.
Ⅱ. Issues in Dispute
The issue in this case is whether, in a situation where during the probationary period the employer said, “It doesn’t seem like this job suits you; look for another job,” and the employee immediately expressed an intention to resign and stopped coming to work, this can be viewed as unfair dismissal, or whether it should instead be regarded as the employee’s voluntary resignation.
Ⅲ. Summary of the Labor Commission’s Reasoning
The panel in this case noted that, shortly before the end of the probationary period, the employer explained, based on the performance evaluation during probation, that it would be difficult to maintain the employment relationship after the end of probation; that immediately thereafter the employee expressed to the representative an intention of “I will look for a job on my own”; and that the employee then posted a farewell message in the KakaoTalk group chat effectively premised on changing jobs/resignation, and on the same day completed wage settlement, returned the company vehicle, and left the workplace.
In light of these facts, the panel determined that the employee should be seen as having terminated the employment relationship by voluntarily expressing an intention to resign and actually ceasing to report to work, rather than as having been forced to resign due to coercion by the employer.
The panel held that the termination in this case was not unilateral unfair dismissal by the employer, but rather that the employment relationship ended due to the employee’s voluntary resignation, and therefore the claim of unfair dismissal could not be accepted.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even during a probationary period, the mere fact that the employer said, “It doesn’t seem like a good fit; look for another place,” does not automatically amount to dismissal in the legal sense. It is crucial what words and actions the employee takes thereafter. If, in the heat of the moment, the employee expresses an intention to resign and independently takes steps that correspond to voluntary resignation—such as posting a farewell message, settling wages, returning equipment, and immediately leaving the workplace—the Labor Relations Commission may later determine that the case involves voluntary resignation rather than unfair dismissal. Employees should keep this firmly in mind.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the employer’s standpoint, it is permissible even during the probationary period to explain the results of an employee’s suitability assessment. However, in doing so, the employer should ensure that it is not ambiguous whether the communication constitutes a “notice of dismissal” or merely an “explanation of anticipated difficulty in continued employment.” In particular, when an employee expresses an intention to resign, the employer should clearly confirm that intention in writing or by electronic document, and avoid expressions that could be misunderstood as unilateral dismissal such as redundancy dismissal. Consulting with experts such as Labor Law Firm Law& can help reduce the risk of future unfair dismissal disputes.
2. Matters Decided
A. Case Overview and Procedural History
The employee was on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated to the effect that “This job doesn’t seem to suit you. Look for another job by the end of September and leave once you find one.” Angered by this, the employee went to see the CEO after the interview and expressed the intention, “I will look for a job on my own,” then posted the following message in a KakaoTalk group chat: “It was a short time, but I learned a lot. I wish you only good things in the future. Thank you!” On the same day, the employee settled wages, returned the company vehicle, and left the workplace using a colleague’s car. In light of these facts, it is determined that, when the employer, shortly before the end of the probationary period, said that it would be difficult to continue the employment relationship after the end of probation based on the performance evaluation to date, the employee immediately expressed an intention to resign and ceased to report to work, thereby terminating the employment relationship.
3. Summary of the Decision
A. Summary of the Labor Commission’s Reasoning
The employee was on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated to the effect that “This job doesn’t seem to suit you. Look for another job by the end of September and leave once you find one.” Angered by this, the employee went to see the CEO after the interview and expressed the intention, “I will look for a job on my own,” then posted the following message in a KakaoTalk group chat: “It was a short time, but I learned a lot. I wish you only good things in the future. Thank you!” On the same day, the employee settled wages, returned the company vehicle, and left the workplace using a colleague’s car. In light of these facts, it is determined that, when the employer, shortly before the end of the probationary period, said that it would be difficult to continue the employment relationship after the end of probation based on the performance evaluation to date, the employee immediately expressed an intention to resign and ceased to report to work, thereby terminating the employment relationship. /
[See More Related Decisions]
- ‘Expression of Intention to Resign (Resignation Remark During Telephone Call)’ Unfair Dismissal Decision
- ‘Dismissal of Application (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Decision date: - Case number: Dismissed
- ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision – Decision date: - Case number: Initial Decision Upheld
[Tags]
Unfair dismissal, expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure), dismissal during probation, 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, “‘Scope of Legal Application (Counting Five Regular Employees)’ Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure) can be found in the “List of Decisions Related to Expression of Voluntary Resignation (KakaoTalk Farewell Right After Probation Interview · Immediate Departure).”
※ Korean version of this case: Korean article
This case concerns a decision in which the employer prevailed (application dismissed) on the issue of “expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure).”
Decision Committee: Jeju Regional Labor Relations Commission 2025Buhae189 ○ ○ ○ Application for Remedy for Unfair Dismissal
Decision date: 2025.11.14 · Case result: Dismissed
Key issue summary: The worker was an employee on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated, “It doesn’t seem like this job suits you.”
1. Legal Implications
Ⅰ. Case Overview
This case is an application for remedy for unfair dismissal concerning a situation where an employee on probation, immediately after an interview with the representative, expressed an intention to resign, posted a farewell message in a KakaoTalk group chat, and on the same day completed wage settlement, returned the company vehicle, and left the workplace. Based on this series of circumstances, the Jeju Regional Labor Relations Commission examined whether the termination of the employment relationship constituted unilateral unfair dismissal by the employer or should be regarded as the employee’s voluntary resignation.
Ⅱ. Issues in Dispute
The issue in this case is whether, in a situation where during the probationary period the employer said, “It doesn’t seem like this job suits you; look for another job,” and the employee immediately expressed an intention to resign and stopped coming to work, this can be viewed as unfair dismissal, or whether it should instead be regarded as the employee’s voluntary resignation.
Ⅲ. Summary of the Labor Commission’s Reasoning
The panel in this case noted that, shortly before the end of the probationary period, the employer explained, based on the performance evaluation during probation, that it would be difficult to maintain the employment relationship after the end of probation; that immediately thereafter the employee expressed to the representative an intention of “I will look for a job on my own”; and that the employee then posted a farewell message in the KakaoTalk group chat effectively premised on changing jobs/resignation, and on the same day completed wage settlement, returned the company vehicle, and left the workplace.
In light of these facts, the panel determined that the employee should be seen as having terminated the employment relationship by voluntarily expressing an intention to resign and actually ceasing to report to work, rather than as having been forced to resign due to coercion by the employer.
The panel held that the termination in this case was not unilateral unfair dismissal by the employer, but rather that the employment relationship ended due to the employee’s voluntary resignation, and therefore the claim of unfair dismissal could not be accepted.
Ⅳ. Practical Points (From the Employee’s Perspective)
Even during a probationary period, the mere fact that the employer said, “It doesn’t seem like a good fit; look for another place,” does not automatically amount to dismissal in the legal sense. It is crucial what words and actions the employee takes thereafter. If, in the heat of the moment, the employee expresses an intention to resign and independently takes steps that correspond to voluntary resignation—such as posting a farewell message, settling wages, returning equipment, and immediately leaving the workplace—the Labor Relations Commission may later determine that the case involves voluntary resignation rather than unfair dismissal. Employees should keep this firmly in mind.
Ⅴ. Practical Points (From the Employer/Company Perspective)
From the employer’s standpoint, it is permissible even during the probationary period to explain the results of an employee’s suitability assessment. However, in doing so, the employer should ensure that it is not ambiguous whether the communication constitutes a “notice of dismissal” or merely an “explanation of anticipated difficulty in continued employment.” In particular, when an employee expresses an intention to resign, the employer should clearly confirm that intention in writing or by electronic document, and avoid expressions that could be misunderstood as unilateral dismissal such as redundancy dismissal. Consulting with experts such as Labor Law Firm Law& can help reduce the risk of future unfair dismissal disputes.
2. Matters Decided
A. Case Overview and Procedural History
The employee was on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated to the effect that “This job doesn’t seem to suit you. Look for another job by the end of September and leave once you find one.” Angered by this, the employee went to see the CEO after the interview and expressed the intention, “I will look for a job on my own,” then posted the following message in a KakaoTalk group chat: “It was a short time, but I learned a lot. I wish you only good things in the future. Thank you!” On the same day, the employee settled wages, returned the company vehicle, and left the workplace using a colleague’s car. In light of these facts, it is determined that, when the employer, shortly before the end of the probationary period, said that it would be difficult to continue the employment relationship after the end of probation based on the performance evaluation to date, the employee immediately expressed an intention to resign and ceased to report to work, thereby terminating the employment relationship.
3. Summary of the Decision
A. Summary of the Labor Commission’s Reasoning
The employee was on probation prior to formal employment. On 10 September 2025, during an interview, CEO Im ○○ stated to the effect that “This job doesn’t seem to suit you. Look for another job by the end of September and leave once you find one.” Angered by this, the employee went to see the CEO after the interview and expressed the intention, “I will look for a job on my own,” then posted the following message in a KakaoTalk group chat: “It was a short time, but I learned a lot. I wish you only good things in the future. Thank you!” On the same day, the employee settled wages, returned the company vehicle, and left the workplace using a colleague’s car. In light of these facts, it is determined that, when the employer, shortly before the end of the probationary period, said that it would be difficult to continue the employment relationship after the end of probation based on the performance evaluation to date, the employee immediately expressed an intention to resign and ceased to report to work, thereby terminating the employment relationship. /
[See More Related Decisions]
- ‘Expression of Intention to Resign (Resignation Remark During Telephone Call)’ Unfair Dismissal Decision
- ‘Dismissal of Application (Non-Appearance at Hearing)’ Unfair Dismissal Decision – Decision date: - Case number: Dismissed
- ‘Non-Formation of Hiring Commitment (Absence of Offer Letter)’ Unfair Dismissal Decision – Decision date: - Case number: Initial Decision Upheld
[Tags]
Unfair dismissal, expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure), dismissal during probation, 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, “‘Scope of Legal Application (Counting Five Regular Employees)’ Unfair Dismissal Decision,” in a new window.
※ A list of decisions related to expression of voluntary resignation (KakaoTalk farewell right after probation interview · immediate departure) can be found in the “List of Decisions Related to Expression of Voluntary Resignation (KakaoTalk Farewell Right After Probation Interview · Immediate Departure).”
※ Korean version of this case: Korean article
