An employee discussed with her manager the possibility of a change in status from employee to independent contractor. As a result of that conversation the employee resigned in order to begin work as a contractor but had not actually been offered a contract position when she resigned. The employer decided not to offer her any contract work.

The Employment Relations Authority rejected the employee’s personal grievance claim for unjustified dismissal as the employee was not dismissed but unilaterally resigned from her position. The ERA also held that the employer had not breached their duty of good faith to the employee and she had not been constructively dismissed.

The ERA found that the employee had willingly resigned and had not been coerced into doing so by the employer.

It pays to get your new agreement all signed up before you put in your resignation and this applies whether you are going to a new employer or staying with the same one.


Alan Knowsley

Employment Lawyer