Labour Court upholds rejection of John Curry’s constructive dismissal claim

The Labour Court upheld the rejection of John Curry’s constructive dismissal claim in a determination dated 14 April 2021. Curry’s appeal against Tech Mahindra Business Services Limited failed. Curry said unresolved trainee feedback, the employer’s response to threatening writing on his workstation and the handling of an investigation left him no choice but to resign. The company said he chose to resign after refusing to train a colleague and had not used its grievance procedure. The Court criticised the company’s handling of Curry’s concerns, including appointing the person who made the complaint to the investigation team. But it found Curry had not used the grievance procedure despite repeated reminders and resigned while facing a disciplinary process for refusing a core work duty. It concluded there had been no constructive dismissal.