ClickCease

Results for constructive dismissal

Showing 41-48 of 94 results
Ashleigh Sanders v Hamilton City Council [2026] NZERA 517 - senior zoo manager's insidious conduct caused unjustified disadvantage

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.

Matched passage: Constructive dismissal: not established.
Magnum Hire Ltd v Parker [2024] NZEmpC 69 - stay of ERA remedies refused

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.

Matched passage: ... [2024] NZERA 85 ERA outcome: major employee success including bullying, disadvantage and constructive dismissal findings Employment Court outcome: stay application declined Practical effect: ERA remedies remained payable/enforceable pending the challenge Background Mr Parker ...
The Estate of Samuel Keast v Playground Centre Limited [2026] NZERA 136 - preliminary decision: estate could not raise a new personal grievance after death; Australian entity was employer at the time; ERA lacked jurisdiction

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.

Matched passage: The constructive dismissal argument The estate advanced a constructive dismissal argument based on a voicemail message from a senior employee in November 2023.
Mereana Kennedy v Remarkable People Limited [2026] NZERA 296 - account manager constructively dismissed after employer failed to properly respond to safety concerns about candidate; $20,000 compensation ordered

Mereana Kennedy resigned from Remarkable People after repeated unwanted communications from a candidate created safety concerns and the employer's protective arrangements failed to resolve the problem. She alleged the employer did not properly investigate or respond when the safety plan proved ineffective.

Matched passage: ... 7 May 2024 Key issues: 90 day personal grievance notification; casual employment label; constructive dismissal; safe workplace; good faith; contribution; remedies Outcome: personal grievance raised in time for the core safety and sanction issues; constructive dismissal ...
Yang (Helen) Feng v Dong Construction and Dong Wang [2026] NZERA 132 - trial-period defence fails; dismissal and entitlement breaches established

Yang (Helen) Feng worked for Dong Construction in circumstances involving a disputed trial period and claims for unpaid employment entitlements. The ERA examined whether the trial clause could lawfully prevent a dismissal grievance and what wages or other payments remained owing.

Matched passage: Dong Construction's constructive dismissal of Ms Feng was substantively and procedurally unjustified.
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.

Matched passage: Based on the evidence before the Authority, The Authority concluded that Mr Da Silva's actions in the 16 October meeting and subsequent to the meeting contributed to the dismissal.
CANALES v THERMASHIELD LIMITED [2025] NZERA 522 - employment existed before first day; dismissal by text unjustified

Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.

Browse topics