Constructive Dismissal
TopicCommon fact patterns we see Constructive dismissal arguments often come up where there is a pattern of behaviour or a serious event that makes continued employment intolerable.
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Common fact patterns we see Constructive dismissal arguments often come up where there is a pattern of behaviour or a serious event that makes continued employment intolerable.
... to Personal Grievances; and representing employers in mediation or the Employment Relations Authority. Misconduct and serious misconduct Employers often treat serious misconduct as if it automatically justifies ...
That may include preserving documents, preparing for the Employment Relations Authority, making a later without prejudice offer, narrowing issues, or considering whether a further mediation is worthwhile.
... New Zealand Meat Workers Union Inc v South Pacific Meats Ltd [2016] NZERA Christchurch 13 - the start date must be clear South Pacific Meats shows the danger of a clause that does not clearly state when the trial ...
Genuine consideration: feedback should be considered before any final decision.
Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - specific concerns must be put clearly Atkins shows the problem with vague disciplinary allegations.
... or dismissal without proper notice, medical information, and consideration of whether delay is manageable. Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - management conduct can become the emergency Atkins is a ...
Important: This page is general information, not legal advice.