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Results for unfair dismissal

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Constructive Dismissal
33 articles

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.

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Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

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.

Matched passage: 66 per hour for a minimum 30 hours per week Outcome: employment relationship established; unjustified dismissal and disadvantage upheld Compensation: $23,000 Lost wages: $8,008.
Recording workplace conversation in NZ: what is legal and what backfires

The evidential value and employment-relationship risks of secretly recording workplace meetings or conversations in New Zealand, including disciplinary and grievance situations.

Matched passage: ... strictly legal evidence or not (sections 160(2) and 189) . It has been held that the unfairness to the employer of being recorded without their knowledge can be outweighed by the unfairness to an employee if the employee cannot use the recording to prove that their story ...
Employment advocates: what we do in mediation, the ERA, and Employment Court

What employment advocates actually do for employees and employers in mediation, ERA investigations and Employment Court litigation, including case assessment, evidence, negotiation and representation.

Matched passage: Employment Law Advocates We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward.
Section 149 Settlement Agreements: Avoiding Drafting Conflicts

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.

Matched passage: ... you want advice, get tailored advice before you sign anything. If you are dealing with an unjustified dismissal or redundancy process and want to talk strategy, you can start here: Employee Unfair Dismissal Case Form Next step if your employment issue is active If you are ...
Sacked Kiwi cease and desist regarding Fired Kiwi - trade mark branding

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.

Matched passage: Sacked Kiwi cease and desist regarding "Fired Kiwi" (9 September 2025) SK & Co Employment Law Ltd (trading as "Sacked Kiwi") sent Win Kiwi Limited (owner of the registered trade mark "Fired Kiwi") a cease and desist letter ...
Authority to Act forms: practical client protection without new regulation

Why a signed Authority to Act, clear Terms of Engagement and transparent fee arrangements provide immediate client protection when an employment advocate is instructed.

Matched passage: Ask for an Authority To Act form Read more Employment advocates How no win no fee works Unfair dismissal Employment mediation The fastest way is to submit the case form with a short timeline and key documents.

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