Employee's Resignation After Performance Plan Fails in Court

An employee who stepped down from her position after being placed on a performance improvement plan has been unsuccessful in pursuing a wrongful dismissal claim against her former employer.

The woman's responsibilities were significantly expanded shortly after she successfully completed her probation period. The expanded role introduced creative functions to her position, a responsibility area in which she was subsequently found to be deficient.

Following this assessment, the employer implemented a performance improvement plan to address the identified gaps. The employee then chose to resign from her position rather than continue under the structured improvement framework.

In her legal challenge, the woman contended that her dismissal was wrongful. However, the court rejected her claim, determining that her resignation had not been forced by the employer's actions and that the performance improvement plan represented a legitimate management response to documented performance concerns.

The decision underscores the distinction between constructive dismissal—where an employee is forced to resign due to unreasonable employer conduct—and voluntary resignation, even when undertaken under challenging workplace circumstances.