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.
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Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.
Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.
Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.
South Pole treated Xinhua Hao as having agreed to resign, despite his repeated denials, then withheld work and continued pressing the resignation dispute. The ERA found those actions caused an unjustified constructive dismissal.
What an employer can realistically recover in ERA costs after successfully defending a claim, including the daily-tariff starting point and the circumstances that can increase or reduce an award.
Personal Grievance (PG)
TopicA Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
Employment Mediation
TopicEmployment MBIE Mediation is the primary problem solving mechanism under the Employment Relations Act 2000. Parties to an employment relationship problem often must attempt mediation.
