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Results for constructive dismissal

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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.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Constructive dismissal was established: the Authority found the resignation was caused by the employer's breach of duty, and resignation was reasonably foreseeable.
Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

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.

Matched passage: The ERA found an unjustified constructive dismissal.

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