... serious question to be tried, in relation to the claim of unjustifiable dismissal and in relation to the claim for permanent reinstatement. The balance of convenience between the parties. The overall justice of the ...
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Mr Armstrong treated that as a dismissal and raised a personal grievance.
Constructive Dismissal
Topic31 articles
A constructive dismissal is a resignation where an employee finds no choice but to resign.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment
CaseThe ERA found the redundancy dismissal unjustified and awarded $11,000 compensation.
Employee-side employment advocacy for suitable personal grievance, dismissal, redundancy, mediation and ERA cases.
The ERA accepted the redundancy was genuine and redeployment was not realistic, so the dismissal was substantively justified.
ERA found Police acted unfairly by making adverse findings without a proper process, failing to properly deal with her bullying complaint, using those findings in relation to an external role.
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