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Voluntary resignation during disciplinary process prevents claim…

An employee has lost his constructive dismissal claim in the Employment Relations Authority.  The employee was being investigated for theft of company property.  During the investigation meeting the employee’s representative suggested he be allowed to resign rather than be dismissed for theft.

The employer agreed and a resignation was written up by the employee.

The employee then brought a claim alleging the employer constructively dismissed him by threatening termination.  The ERA held that the offer of resignation came from the employee’s representative, and not from the company, and so was not improper pressure to resign.  As the employee had been allowed to resign he could not bring a claim alleging he was dismissed.