Employee in fight with supervisor loses unjustified dismissal claim….

The Employment Relations Authority has rejected a claim for constructive dismissal from an employee involved in a fight with his supervisor. The ERA held the employee was the aggressor in the fight with the supervisor. The ERA found the employee was angry and aggressive on many occasions, and there was no breach by the employer concerning the duty to provide the employee with a safe working environment.

The employee resigned during an investigation into the fight, and he did not raise a personal grievance until he became aware of the stand down period where he was ineligible for the unemployment benefit because of his resignation.

The employee also claimed he was unjustifiably disadvantaged because he was assaulted by his supervisor causing him to resign. The ERA held the employee came into conflict with a number of employees and no bullying or harassment occurred. 

The ERA held the employer getting the employee and supervisor together to work to improve the relationship were the actions of a fair and reasonable employer.

Alan Knowsley