The employee intended to resign on a particular date and filed a letter of resignation and then took sick leave until the date of dismissal. Whilst on a sick leave she sent a telegram cancelling the resignation letter in the evening on the last working day.

The employer issued an employment termination order on the last working day when she was absent from work, but had not performed full settlement with the employee and had not returned the employee's work book to her. The employee filed a lawsuit claiming that the dismissal was illegal.

The court ruled in favor of the employee and clarified that the employee has the right to cancel the resignation application up until the end of the last working day. The employee can withdraw a letter of resignation by mail or telegraph.