Constructive Dismissal
TopicA constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
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Results for unfair dismissal
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.
The evidential value and employment-relationship risks of secretly recording workplace meetings or conversations in New Zealand, including disciplinary and grievance situations.
What employment advocates actually do for employees and employers in mediation, ERA investigations and Employment Court litigation, including case assessment, evidence, negotiation and representation.
Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.
A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.
The trade-mark dispute triggered when Sacked Kiwi demanded that Win Kiwi Limited stop using Fired Kiwi, including the allegations made, the response and the relevant IPONZ registration context.
Why a signed Authority to Act, clear Terms of Engagement and transparent fee arrangements provide immediate client protection when an employment advocate is instructed.