Search Employment Law

Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.

Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.

Henry Penny was selected for redundancy from Frello's software-development team after a restructure intended to reduce headcount. He argued resignations had already reduced staff numbers, the selection outcome was predetermined, and consultation and redeployment were not genuine.

The Chauhans worked in a business operated by SD & SD Investments, with disputes about hours worked, who knew about that work, and how Mr Chauhan's relationship with the business ended. The ERA preferred documentary roster and time-record evidence on key factual issues.

Mr Ryder's employment with Leopard Lime ended after an exchange in early November 2022 in which the employer maintained that he had not been dismissed. The case turned on what the communications objectively meant and whether any fair dismissal process had occurred.

Mr Watson challenged a written warning and later alleged he was constructively dismissed after his relationship with Alchemy Builders deteriorated and he was removed from a workplace WhatsApp group. Timeliness affected the earlier disadvantage grievance.

Mr Kalkat was placed in work through Easy Recruitment and later told the placement employer considered his performance inadequate. He alleged that his employment had been ended without a fair process and sought compensation and lost wages for unjustified dismissal.

Ms Dwyer brought sexual-harassment, unjustified-disadvantage, constructive-dismissal and good-faith claims arising from her work at Oakvue Bloodstock. The ERA separated the alleged harassment and resignation issues from specific employer actions that actually disadvantaged her employment.