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