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Results for forced resignation

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Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: Why this case matters Xi v Silvertime Trading is a clear example of a forced resignation ultimatum being treated as dismissal.
The Estate of Samuel Keast v Playground Centre Limited [2026] NZERA 136 - preliminary decision: estate could not raise a new personal grievance after death; Australian entity was employer at the time; ERA lacked jurisdiction

After Samuel Keast died while working in Melbourne, his estate sought to pursue employment claims, including constructive dismissal, against a New Zealand company. The preliminary issue was whether a personal grievance existed before his death, who employed him in Australia, and whether the ERA had jurisdiction over the named respondent.

Matched passage: The constructive dismissal argument The estate advanced a constructive dismissal argument based on a voicemail message from a senior employee in November 2023.
Nicholas Fry v Fire and Emergency New Zealand [2026] NZERA 116 - FENZ identity-promise breach caused disadvantage; $13,000 compensation

Nicholas Fry's dispute with Fire and Emergency New Zealand arose from FireSuper membership and a promise about protecting the identity of another person, TEP, whose eligibility he had raised. Mr Fry alleged FENZ broke that promise and that the resulting use of TEP's identity damaged his employment relationship.

Matched passage: Constructive dismissal turns on whether the employer's conduct effectively forced resignation.
CANALES v THERMASHIELD LIMITED [2025] NZERA 522 - employment existed before first day; dismissal by text unjustified

Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
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: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
HIRST v AL ENTERPRISES LIMITED [2025] NZERA 474 - bakery worker dismissed without fair process

Hailee-Anne Hirst said a bakery effectively dismissed her after calling her in on a day off and confronting her about allegedly missing market takings. The employer denied dismissing her but did not participate in the investigation meeting.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
LAZARO v WAIMEA CONTRACT CARRIERS LIMITED [2025] NZERA 472 - no dismissal at December meeting; later termination and notice addressed

Mr Lazaro said Waimea Contract Carriers dismissed him at a 4 December meeting; the employer said he was merely suspended on full pay while training and other options were considered, and that employment ended later after he refused to return.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460 - employer conduct caused constructive dismissal

Mr Tong's claims against Sheffield Steel arose after workplace difficulties, attempts to place him with another employer and the eventual end of his employment. He alleged both unjustified disadvantage and constructive dismissal.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.

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