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Results for constructive dismissal

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RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

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.

Matched passage: The Authority notes that the employer say this supports its position that Mr Riseley intended to resign to set up his own business and his personal grievance claims were all manufactured in order to justify a constructive dismissal claim.
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: At a glance Citation: [2025] NZERA 790 Registry: Christchurch Parties: OCO v ZUA Authority member: Philip Cheyne Investigation meeting: 13 and 14 May 2025, and 13 June 2025, in Christchurch Determination date: 5 December 2025 Outcome: Constructive dismissal established.
JURY v BUCI LIMITED [2025] NZERA 7 - permanent part-time status, unjustified disadvantage and constructive dismissal

Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.

Matched passage: The Authority held that Buci's conduct was repudiatory and that Ms Jury's departure amounted to constructive dismissal.
DWYER v OAKVUE BLOODSTOCK LIMITED [2025] NZERA 251 - disadvantage succeeds but constructive-dismissal claim fails

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.

Matched passage: The legal approach to a constructive dismissal [57] A constructive dismissal occurs where an employee appears to have resigned but the situation is such the resignation has been forced or initiated by an action of the employer.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.

Matched passage: A constructive dismissal is where an employer places an employee in a position where the employee has no choice but to resign.
Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation

Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.

Matched passage: Constructive dismissal and trial period compliance The Authority then considered whether Ms Jansen's resignation amounted to a constructive dismissal.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: The Employment Court upheld the finding that the employer's conduct caused an unjustified constructive dismissal.
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.

Matched passage: The constructive-dismissal finding and ERA remedies were confirmed without any contribution reduction.

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