HAO v SOUTH POLE IP HOLDING (NZ) LIMITED [2025] NZERA 245

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, Determination: 5 May 2025 DETERMINATION OF THE AUTHORITY Employment relationship problem [1] Xinhua (Henry) Hao resigned from his employment with South Pole IP Holding (NZ) Limited (South Pole) on 26 January 2024. After that, He applied to the Authority for a finding that the end of his employment was really a constructive dismissal because it resulted from unfair actions of the company since November 2023 which led to him feeling forced to resign three months later. Later, It said he agreed to resign in November 2023 but then insisted on continuing to work beyond an agreed last date of employment on 6 December 2023. The determination records that Mr Wu sends a notice to Mr Hao [13] These discussions had, according to Mr Wu, resulted in Mr Hao agreeing on 8 November 2023 to resign from his employment with South Pole. The Authority notes that After a further discussion on that day, Mr Wu sent Mr Hao the following email message, translated here from Chinese: Notice of resignation According to our communication and agreement, your last working day will be December 6th. Ultimately, On 23 November Mr Hao wrote: Dear Easter, Thank you for your email to inform me in writing that I was dismissed and my last day is 6th December 2023. In the end, Mr Wu replied on 24 November: The reason you mentioned for writing the notice in English does not exist, I think, because no employer needs to see your resignation letter from your last job.

Key case markers

• This determination comes from the Auckland registry.
• The parties are HAO (employee) and SOUTH POLE IP HOLDING (NZ) LIMITED (employer).
• Hearing date noted: 15 January 2025.
• Authority member: Robin Arthur.

Key events described

• Determination: 5 May 2025 DETERMINATION OF THE AUTHORITY Employment relationship problem [1] Xinhua (Henry) Hao resigned from his employment with South Pole IP Holding (NZ) Limited (South Pole) on 26 January 2024.
• He applied to the Authority for a finding that the end of his employment was really a constructive dismissal because it resulted from unfair actions of the company since November 2023 which led to him feeling forced to resign three months later.
• It said he agreed to resign in November 2023 but then insisted on continuing to work beyond an agreed last date of employment on 6 December 2023.
• Mr Wu sends a notice to Mr Hao [13] These discussions had, according to Mr Wu, resulted in Mr Hao agreeing on 8 November 2023 to resign from his employment with South Pole.
• After a further discussion on that day, Mr Wu sent Mr Hao the following email message, translated here from Chinese: Notice of resignation According to our communication and agreement, your last working day will be December 6th.
• On 23 November Mr Hao wrote: Dear Easter, Thank you for your email to inform me in writing that I was dismissed and my last day is 6th December 2023.
• Mr Wu replied on 24 November: The reason you mentioned for writing the notice in English does not exist, I think, because no employer needs to see your resignation letter from your last job.
• Mr Hao had responded to Mr Wu's 4 December email: Boss, you have never expressed your intention to ask me to voluntarily resign, and I have never said that I am willing to voluntarily resign.
• He also wrote that Mr Wu had asked him in their meeting earlier that week (quoted wording omitted). 1 Holidays Act 2002, s 31.
• On 23 January 2024 a lawyer acting for South Pole wrote to Mr Hao, calling him to a meeting on 1 February: A dispute has arisen as to whether you agreed to resign in December 2023.
• In response to Mr Hao's letter of resignation Mr Wu, by email on 3 February, said: Since you have agreed to resign, our dispute is about the time of resignation and the deadline for salary calculation.
• Summary and orders [66] Mr Hao succeeded in his personal grievance application because his resignation on 26 January 2023 was really a constructive dismissal.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Compensation: $15,000
• Holiday pay: $8,200

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.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Mobile / tablet tip: Some browsers do not display embedded PDFs reliably. Use the "Open" button above.

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