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.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for constructive dismissal
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.
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.
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.
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.
Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.
After Mr Parker succeeded in the ERA on bullying and constructive dismissal claims, Magnum Hire challenged the result in the Employment Court and sought a stay so the ERA remedies could not be enforced while the challenge was pending.
After Samuel Keast died while working in Melbourne, his estate sought to pursue employment claims, including constructive dismissal, against a New Zealand company. The preliminary issue was whether a personal grievance existed before his death, who employed him in Australia, and whether the ERA had jurisdiction over the named respondent.
