| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant accepted promotion from tutor to Head of Department (HoD) - Alleged verbal agreement she could resume tutor position after three month review if role did not suit - Seven months later gave notice of intention to resign HoD position and revert to tutor - Respondent denied making commitment she could resume tutor role and took statement as complete resignation - No formal three month review held and applicant claimed this denied her opportunity to return to original role - Manager and applicant had been meeting twice weekly - Authority did not accept that lack of review had prevented applicant raising matters - Applicant had not been clear formal review was important - If relationship difficult could have raised issues with other managers - Both parties had obligation to promote agreed terms, not enough for one party to require performance of obligation when no evidence to suggest they had equally sought to encourage performance - Applicant alleged number of breaches of duty including poor communication, lack of training, student issues, stress and high workload - Respondent claimed unaware of issues - An applicant seeking to rely on workplace stress needed to sit employer down and go through health issues - Workload and training remedies partly in applicant's hands, she could have refused extra duties or discussed with management - Value judgement whether degree of breach of duty was sufficient for constructive dismissal - Some difficulties in workplace and unhappy employment relationship, but applicant did not take appropriate and practical steps to address her own problems - Unfair and unreasonable for all the burden to rest on respondent - Applicant chose to resign position and sought to rely upon flawed understanding she could resume tutor position, respondent never committed to applicant always being able to pick up that option - No constructive dismissal - Length of service one year ten months - Head of Department |