This bulletin explains the dangers which can arise when an employer makes a “without prejudice” offer to an employee to resign from their employment.
Employers should be cautious when making disciplinary allegations based on employee complaints. The complaint should be investigated before any formal allegation is made. Any allegations should clearly set out the factual basis of the allegation and the particular employment obligations/policies which have been breached. Employees can ask for details of the facts and policies before responding.