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.

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.

Read the full ERA determination (embedded)

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