The Employment Relations Authority has upheld a personal grievance claim for constructive dismissal.  After an argument over back pay the employee told her boss he could “shove the job.  She came back to work the next day and was told to put her resignation in writing.  She replied that she was not sure if she wanted to resign but was told it was too late and to put the resignation in writing.

The ERA held there was no resignation but she was constructively dismissed.  It awarded her $8,000 compensation for hurt and humiliation, $7,900 lost wages and $24,000 unpaid back pay.

Alan Knowsley
Employment Lawyer
Wellington