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Personal grievance not available once settlement agreed…

Be careful what you wish for! If you make an offer to settle a dispute and the other side accepts then you have a concluded agreement and this can be enforced.

An employer advised an employee her position was to be terminated due to redundancy and she was given two weeks notice. The employee claimed she was unjustifiably dismissed and disadvantaged by the failure to properly consult her with respect to the redundancy and the failure to pay her.

The Employment Relations Authority found the parties reached an agreement.  The employer accepted what was proposed in the employee’s email so a binding agreement was made. This included the employer paying the employee money owed and compensation. The ERA held the agreement meant the employee could not pursue her personal grievance as she had settled her claim already.