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Results for constructive dismissal

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Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Constructive dismissal was established: the Authority found the resignation was caused by the employer's breach of duty, and resignation was reasonably foreseeable.
Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

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.

Matched passage: The ERA found an unjustified constructive dismissal.
Eun Joo Kim v Sage & Umber Limited and Pei Su [2026] NZERA 555 - public attack caused constructive dismissal

Café owner Pei Su loudly questioned chef Eun Joo Kim's competence and honesty in front of staff and told her she could go if she could not do the job. Ms Kim left immediately after the confrontation.

Matched passage: Constructive dismissal established The Authority treated the matter as constructive dismissal rather than deciding whether the statement that Ms Kim could go was itself a direct dismissal.
HAI ZHENG v JCD NZ LIMITED [2025] NZERA 453 - constructive dismissal; compensation and penalty

Hai Zheng's employment dispute with JCD concerned whether he had resigned or whether employer breaches caused his departure, together with associated disadvantage and contractual claims. The ERA examined whether the employer's conduct made resignation a reasonably foreseeable consequence.

Matched passage: At a glance Citation: [2025] NZERA 453 Registry: Auckland Parties: HAI ZHENG v JCD NZ LIMITED Authority member: Robin Arthur Hearing date: 4 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
FEC v HES [2026] NZERA 475 - constructive dismissal failed but unjustified disadvantage found over home visits

FEC was a beginning school principal whose relationship with the board deteriorated after a parent-related incident. Among the challenged conduct were after-hours visits by the presiding member to FEC's home to deal with school employment matters, followed eventually by FEC's resignation.

Matched passage: The constructive dismissal claim failed FEC argued that her resignation was caused by the school's breach of duty.
Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.

Matched passage: Employees considering resignation should be cautious: constructive dismissal is fact-specific and resignation can make a case harder rather than easier.
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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Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: ... broader allegation that sick leave was refused whenever he could not afford a certificate. Constructive dismissal: why the resignation was treated as an unjustified dismissal The Authority applied the constructive dismissal principles from Auckland Shop Employees Union v ...

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