Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.
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Results for performance dismissal
Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.
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.
Ms Cuc was dismissed with one week's notice under what the nail-salon employer said was a 90-day trial period. She said the real issue was that she was outspoken about her employment rights, while performance criticisms were advanced later in the ERA proceeding.
DUN TRAN v HUYNH [2025] NZERA 73 - dismissal and employment-entitlement claims partly successful
CaseDun Tran's employment dispute with Huynh involved the ending of the employment relationship together with claims about pay and workplace treatment. The ERA had to separate the dismissal issue from the employment-standard claims and determine which alleged breaches were actually established.
Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.
Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.
Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.
