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Employee resignations are often assumed to be low risk and an area that does not lead to employment disputes. However, poorly managed resignations can be a source personal
grievance claims in New Zealand, particularly where a resignation arises during conflict, emotional distress or other circumstances that indicate an employee’s decision to resign may not be genuine.
Employers should ensure that a resignation is genuine, voluntary and unequivocal. In matters involving contentious, or disputed resignations, employer’s sometimes find themselves having to deal with corresponding personal grievance claims, e.g. unjustified dismissal. These typically involve arguments around whether an employee’s decision to resign was genuine or merely seized on by the employer and therefore unfair.
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