CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, Mr Chase-Pona also claims he was unjustifiably dismissed on 9 October 2023 when the Operations Manager terminated his employment without notice. After that, He wrote a resignation email which included Mr Niuhulu as an addressee. Later, This was compounded when his contact at Acrow texted him advising he could no longer be employed there because of the theft allegation as it was also a Police complaint. The determination records that This was on the basis that the Operations Manager had lodged a formal complaint against him for the alleged theft of company property. The Authority notes that The disadvantage claimed in respect of health and safety, bullying and demotion are all aspects which led to his initial decision to resign. Ultimately, If I had found Mr Chase-Pona had resigned, I would have found it a constructive dismissal. In the end, However, whilst Mr Chase-Pona submitted a resignation, the simple fact is he was dismissed during the notice period he had given.

Key case markers

• This determination comes from the Wellington registry.
• The parties are CHASE-PONA (employee) and COIN TOTAL WELLINGTON LIMITED and Anor (employer).
• Hearing date noted: 23 April 2025.
• Authority member: Geoff O'Sullivan.

Key events described

• Mr Chase-Pona also claims he was unjustifiably dismissed on 9 October 2023 when the Operations Manager terminated his employment without notice.
• He wrote a resignation email which included Mr Niuhulu as an addressee.
• This was compounded when his contact at Acrow texted him advising he could no longer be employed there because of the theft allegation as it was also a Police complaint.
• This was on the basis that the Operations Manager had lodged a formal complaint against him for the alleged theft of company property.
• The disadvantage claimed in respect of health and safety, bullying and demotion are all aspects which led to his initial decision to resign.
• If I had found Mr Chase-Pona had resigned, I would have found it a constructive dismissal.
• However, whilst Mr Chase-Pona submitted a resignation, the simple fact is he was dismissed during the notice period he had given.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Lost wages / arrears: $2,720.00
• Costs: Costs awarded.

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.