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TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460 - The Authority ordered remedies and addressed unjustified dismissal issues.

The Authority ordered remedies and addressed unjustified dismissal issues. Mr Tong's grievance claims Claims for unjustified disadvantage and unjustified dismissal [20] Mr Tong's closing submissions did not differentiate which alleged facts supported each of his grievance claims.


TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460

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

At a glance

  • Citation: [2025] NZERA 460
  • Registry: Auckland
  • Parties: TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor
  • Authority member: Alex Leulu
  • Hearing date: 26 September 2024, 2 and 3 March 2025 (3 days)
  • Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

Story in plain English

According to the determination, On 1 November 2022 Mr Tong attended a job interview by audio-visual link with Ms Wang on behalf of Sheffield Steel. After that, On 25 May 2023 SRL secured a job interview for Mr Tong with another employer. Later, Mr Tong's grievance claims Claims for unjustified disadvantage and unjustified dismissal [20] Mr Tong's closing submissions did not differentiate which alleged facts supported each of his grievance claims. Subsequently, A constructive dismissal is when an employer's conduct compels a worker to resign.

Key case markers

  • This determination comes from the Auckland registry.
  • The parties are TONG (employee) and SHEFFIELD STEEL SERVICES LIMITED and Anor (employer).
  • Hearing date noted: 26 September 2024, 2 and 3 March 2025 (3 days).
  • Authority member: Alex Leulu.

Key events described (as described by the Authority)

  • On 1 November 2022 Mr Tong attended a job interview by audio-visual link with Ms Wang on behalf of Sheffield Steel.
  • On 25 May 2023 SRL secured a job interview for Mr Tong with another employer.
  • Mr Tong's grievance claims Claims for unjustified disadvantage and unjustified dismissal [20] Mr Tong's closing submissions did not differentiate which alleged facts supported each of his grievance claims.
  • A constructive dismissal is when an employer's conduct compels a worker to resign.
  • A resignation may be deemed to be a constructive dismissal if an employer could reasonably foresee an employee would resign rather than put up with the ongoing breaches.3 2 Employment Relations Act 2000, s 160(3). 3 Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 at 374-375.

Decision markers (as described by the Authority)

(No decision markers were extracted automatically.)

Orders and payments mentioned

  • Lost wages / arrears:$13,324.80
  • Compensation: $15,000
  • Costs: Costs reserved.

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.
If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

Read the full ERA determination (embedded)

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

0800 WIN KIWI

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Based on: Unfair Dismissal Cases, Constructive Dismissal