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Results for constructive dismissal

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Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered

Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.

Matched passage: ... by Jie Yu; no appearance for the respondent Core issues: real nature of relationship (s 6); constructive dismissal; remedies Outcome: employee status found; unjustified constructive dismissal upheld; lost remuneration and compensation ordered; filing fee reimbursed; costs ...
Julie Curtis v Affordable UK Caravans and Parts Limited [2026] NZERA 46 - constructive dismissal after employer refused wages and delayed return; $25,000 compensation

Julie Curtis had a regular 20-hour week with Affordable UK Caravans when the employer told her there was no work until mid-January and refused to pay her contracted hours. She treated the prolonged exclusion from paid work as a serious breach and resigned.

Matched passage: Repudiation and constructive dismissal: refusing to provide work and refusing to pay contracted wages was a serious breach and repudiatory conduct.
ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.

Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.

Matched passage: Mr Zhang argues that because he resigned in response to breaches of duty by Mr Noodles, his resignation should be treated as a dismissal - a constructive dismissal.
PRASAD v WARRIOR NZ LIMITED [2025] NZERA 492 - employer breaches caused constructive dismissal

Mr Prasad's employment with Warrior NZ deteriorated after employer breaches and a breakdown in the working relationship. The employer did not attend the ERA investigation meeting despite being served with the proceeding.

Matched passage: The Authority found Mr Prasad was unjustifiably constructively dismissed.
KUMAR v JK HOSPITALITY NZ LIMITED [2025] NZERA 442 - break and support failures caused constructive dismissal

Mr Kumar resigned from JK Hospitality after alleging he was repeatedly denied proper breaks and practical support at work. The ERA considered whether those breaches were sufficiently serious that resignation was a reasonably foreseeable response.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
PAETZ v SOLLY'S FREIGHT (1978) LIMITED [2025] NZERA 319 - The Authority found a constructive dismissal was established.

Mr Paetz resigned from Solly's Freight after disputes about excessive hours and the employer's failure to conduct a required pay review. He argued those ongoing breaches caused his resignation and also independently disadvantaged him while employed.

Matched passage: At a glance Citation: [2025] NZERA 319 Registry: Christchurch Parties: PAETZ v SOLLY'S FREIGHT (1978) LIMITED Authority member: Peter van Keulen Hearing date: 10 and 11 October 2024 (2 Days) Outcome: The Authority found a constructive dismissal was established.
MCCANN v WINTON CAPITAL LIMITED [2025] NZERA 171 - constructive dismissal; substantial lost remuneration and compensation

Ms McCann resigned while on sick leave after conflict with Winton Capital, pressure around the employment relationship and removal of access to a senior executive's email and calendar. She alleged the cumulative conduct made continued employment untenable.

Matched passage: She raised a personal grievance for unjustified constructive dismissal in the letter.
YAQUB v NEILSONS LAWYERS LIMITED [2025] NZERA 139 - suspension disadvantage and constructive dismissal upheld

Neilsons Lawyers suspended Mr Yaqub during an investigation into alleged conduct. He later resigned, alleging that the continuing suspension and the way the investigation was handled had made continued employment untenable.

Matched passage: Remedies [109] Mr Yaqub has established a personal grievance for unjustified disadvantage and unjustified constructive dismissal.

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