Interesting real life performance mgmt scenario - what would you do? How would you handle this situation?

[Snooze]

Hi Everyone!

I just thought id update whats been going on with this situation.

Without any further discussions occurring and whilst on their period of personal leave, the employee has written and resigned from her position. So problem solved! Its all very amicable. I think they just realised that their not cut out for the role and it was causing them too much grief for what its worth.

I dont feel there is any risk of a constructive dismissal here.

So there you go, sometimes these things just work out for the best!

Snooze

[HeyPete]

there is a definite risk of constructive dismissal here.

[Snooze]

Originally Posted by HeyPete

there is a definite risk of constructive dismissal here.

I dont agree.

What are the factors in this case that make you think there is a definite risk?

[HeyPete]

If the employee can show any signs of undue pressure by the employer to terminate or vary the contract throughout the performance improvement process (admittedly Personal Sickness / Stress), they can raise a constructive dismissal case.

It may not be a strong case, but the risk is still there.

For what its worth, I would deal with this case by acknowleding the resignation letter, however not accepting it until the employee returns from Personal Leave and has a constructive conversation with HR / Management explaining the reasons.

It is irrelevant whether they accept or decline the offer, but you have taken all steps to resolve the matter.

[Snooze]

Originally Posted by HeyPete

If the employee can show any signs of undue pressure by the employer to terminate or vary the contract throughout the performance improvement process (admittedly Personal Sickness / Stress), they can raise a constructive dismissal case.

It may not be a strong case, but the risk is still there.

For what its worth, I would deal with this case by acknowleding the resignation letter, however not accepting it until the employee returns from Personal Leave and has a constructive conversation with HR / Management explaining the reasons.

It is irrelevant whether they accept or decline the offer, but you have taken all steps to resolve the matter.

Thanks for yur feedback.

I still dont think there is a risk of constructive dismissal in this case. There has been no undue pressure to terminate or vary any contract, whatsoever.

There has been a constructive conversation with the manager & employee. The manager contacted the employee upon receiving resignation and employee explained reasons why. Resignation has been accepted and employee has been paid all entitlements. Its allready done.

[HeyPete]

Excellent stuff.

Thanks for writing up the scenario and following up.

P.