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Results for constructive dismissal

Showing 73-80 of 94 results
Conditional job offers in NZ: when an employer can withdraw and what claims apply

When an accepted conditional job offer can create employment rights before the employee's first day, and the risks when an employer withdraws the offer after conditions are said to have failed.

Matched passage: ... on Wheels magazine. Read our full article here: Conditional offers of employment and unfair dismissal Download File: Conditional offer of employment Read more 90 day trial Probationary period Constructive dismissal Unfair dismissal The fastest way is to submit the case form ...
HILL v TAMAKI LABOUR HIRE LIMITED [2025] NZERA 100 - personal grievance partly successful; remedies limited to proven breaches

Mr Hill challenged the ending of his employment with Tamaki Labour Hire and associated treatment during the employment relationship. The case required the ERA to separate the parts of his grievance that were established from claims for which the evidence did not justify relief.

Matched passage: Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: The transcript of the dismissal conversation began with Brandt telling him the decision was final.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: The handwritten notes recorded that the outcome to be delivered that day could include a warning, a performance improvement step, a first and final warning, or dismissal - and ultimately dismissal occurred that day.
Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: Suspension can also feed a dismissal claim (and sometimes a constructive dismissal) If the employer later dismisses, an unjustified suspension can become part of the overall process and can support a finding that the dismissal itself was unjustified.
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.

Matched passage: Unjustified dismissal was not made out Mr Devine also advanced an unjustified dismissal claim (including constructive dismissal), based on the way the employer handled the unpaid suspension and the breakdown in communications.
Nicholas Fry v Fire and Emergency New Zealand [2026] NZERA 116 - FENZ identity-promise breach caused disadvantage; $13,000 compensation

Nicholas Fry's dispute with Fire and Emergency New Zealand arose from FireSuper membership and a promise about protecting the identity of another person, TEP, whose eligibility he had raised. Mr Fry alleged FENZ broke that promise and that the resulting use of TEP's identity damaged his employment relationship.

Matched passage: Was Mr Fry constructively dismissed by FENZ?

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