An
employee has resigned after alleging that her employer failed to maintain a
safe workplace. The employee was verbally abused by a colleague to which the
employer responded by meeting with the colleague. At the meeting the employer
gave the colleague a final warning, and requested that he apologise to the
employee. On hearing the action taken,
the employee was unsatisfied and consequently resigned.
The
Employment Relations Authority dismissed the employee’s personal grievance
claim for constructive unjustified dismissal.
The
ERA found that the employer was attempting to resolve the dispute between the
two employees, and that he had reasonable grounds to believe that his actions
of warning were sufficient to prevent further incidents.
The
ERA held that the employee failed to adequately raise her concerns with the
employer before resigning and that the employer could not, based on the
information he had before him, have done anything more.
The
ERA held that the employee’s resignation was premature as the employer had no
opportunity to consider her response and therefore did not breach any duty. The
ERA noted that potential solutions to the matter were cut short and that parties
owe each other a duty to refer the dispute at least to mediation.
Alan Knowsley
Employment Lawyer Wellington
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