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Results for constructive dismissal

Showing 41-48 of 74 results
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.
LAZARO v WAIMEA CONTRACT CARRIERS LIMITED [2025] NZERA 472 - no dismissal at December meeting; later termination and notice addressed

Mr Lazaro said Waimea Contract Carriers dismissed him at a 4 December meeting; the employer said he was merely suspended on full pay while training and other options were considered, and that employment ended later after he refused to return.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: ... employer non-communication; unilateral leave without pay; unjustified disadvantage; constructive dismissal; wage and holiday pay remedies Unjustified disadvantage: established Unjustified dismissal: established Compensation: $12,000 for humiliation, loss of dignity and ...
TYACK v BIG B CARTAGE LIMITED [2025] NZERA 436 - text was not resignation; employer later dismissed employee

Big B Cartage said Mr Tyack had resigned by text, while Tyack maintained he had not and later attempted to return after a period of medical incapacity. The case turned on who actually ended the employment relationship and whether the employer could rely on the alleged resignation.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
WATSON v ALCHEMY BUILDERS LIMITED and Anor [2025] NZERA 265 - disadvantage claim fails but dismissal grievance succeeds

Mr Watson challenged a written warning and later alleged he was constructively dismissed after his relationship with Alchemy Builders deteriorated and he was removed from a workplace WhatsApp group. Timeliness affected the earlier disadvantage grievance.

Matched passage: He stated that ABL was now on notice of a personal grievance for constructive dismissal if such a breach was not rectified, [22] On 16 December 2023 Mr Watson noticed that he had been removed from the ABL WhatsApp platform.

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