The WRC found a manager’s constructive dismissal complaint against a leisure centre was not well founded in a decision dated 17 November 2016. The adjudication officer acknowledged significant flaws in the disciplinary process, including failures to follow the centre’s own procedures.
The manager had been investigated over alleged misconduct and, after an appeal, received a three-month unpaid suspension rather than dismissal. He said the procedure was unfair and that he had to resign to find other work and support his family. A leisure centre said its process was fair and that the manager could have challenged the suspension while staying employed.
The WRC found the manager could have pursued his concerns through state third-party procedures while remaining in the job. It also noted that he had legal representation during the disciplinary process. The officer therefore found that he had not met the test for constructive dismissal.