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Results for constructive dismissal
![Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Compensation was assessed separately for (a) the disadvantage and (b) the constructive dismissal.
The Authority ordered remedies and addressed unjustified dismissal issues.
The ERA rejected the constructive dismissal claim because the STI was discretionary and annual,.
He says he had no choice but to resign due to an unfair and unjustified investigation the employer undertook into alleged conduct of his and that his resignation was in law an unjustifiable constructive dismissal.
Withholding his final wages, verbal abuse, aggressive conduct and cancelling his access amounted to unjustified constructive dismissal.
The ERA found constructive dismissal, unjustified summary dismissal and unjustified suspension.
The resignation was a constructive dismissal, unjustified under s 103A, with $20,000 compensation and 5.
The Authority ordered remedies and addressed unjustified dismissal issues.
