The Employment Relations Authority has not upheld a claim
for constructive dismissal of an employee who resigned during a disciplinary
process relating to a conflict of interest.
The employer had concerns over an employee’s conduct and
had asked him to attend a disciplinary meeting to look at those
allegations. During the disciplinary
process the employee put in his resignation.
The Employment Relations Authority decided that resignation was
completely voluntary and therefore there was no claim against the employer.
The employee also raised numerous other allegations
against the employer but the ERA held that they did not amount to personal
grievances and therefore the ERA had no jurisdiction to consider them.
Alan
Knowsley
Employment
Lawyer Wellington
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