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Results for constructive dismissal

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Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: The ERA found an unjustified constructive dismissal.
Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: Constructive dismissal failed Mr Colyer resigned on 21 October 2024.
Lita Beattie v Matthew Roberts [2026] NZERA 450 - employee status, unpaid wages and constructive dismissal

Lita Beattie worked as Head Chef/Kitchen Manager in a relationship the respondent treated inconsistently and left with significant wage arrears. The ERA had to determine employee status, unpaid entitlements and whether employer conduct forced her resignation.

Matched passage: That made the resignation a constructive dismissal.
THING v SOUTH POLE IP HOLDING (NZ) LIMITED [2025] NZERA 142 - dismissal theory fails in part but disadvantage grievance succeeds

Ms Thing's dispute with South Pole IP Holding concerned whether the end of her employment was a dismissal or resignation and whether the employer's earlier conduct had unjustifiably disadvantaged her. The case required the ERA to distinguish direct or constructive dismissal from separate disadvantage grievances.

Matched passage: A resignation that arises from the employer's conduct towards the employee, particularly if there has been a breach of duty that made resignation reasonably foreseeable, may amount to a constructive dismissal.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.

Matched passage: Planit denied there was any constructive dismissal or unjustified disadvantage and said no contractual breach had occurred.
Askkan Vakilipour Takaloo v Kaur Queens Trading Limited [2026] NZERA 507 - taxi driver was an employee and constructively dismissed

Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.

Matched passage: The Employment Relations Authority found that he was an employee and that withholding his final wages, aggressive verbal abuse and preventing him from working out his notice amounted to unjustified constructive dismissal.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: A fair and reasonable employer could not treat that full exchange as serious misconduct justifying summary dismissal.
Paul Adams v EverEdge Global Limited [2026] NZERA 509 - employer stopped paying founder to force resignation

EverEdge stopped paying founder and CEO Paul Adams while he continued working from Amsterdam, ignored repeated requests for his salary and later gave inconsistent explanations for the non-payment. Mr Adams ultimately resigned.

Matched passage: Unjustified constructive dismissal Both asserted forms of constructive dismissal were established.

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