The Employment Relations Authority has rejected a claim
for constructive dismissal from the Manager of a health centre. The health centre was in financial
difficulties and the owners were working with the manager to try and improve
the financial viability of the centre.
While that process was underway the manager resigned without giving any
reason for her resignation. It was not
until sometime later that manger put in a personal grievance alleging that she
had been constructively dismissed because of the pressure she felt under in
relation to the poor performing business.
The Employment Relations Authority rejected the claim of
constructive dismissal as the employee had failed to prove that her resignation
was reasonably foreseeable and that it resulted from any improper conduct by
the employer. The ERA held that the
employer was taking reasonable steps to address the financial viability of the
business and was giving positive help to the manager to deal with the
business’s financial woes. At no stage
during her employment had the employee raised with her employer the fact that
she felt she had no choice but to resign and therefore the employer had not had
any opportunity to deal with the employee’s concerns.
Alan
Knowsley
Employment
Lawyer Wellington
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