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Results for constructive dismissal

Showing 49-56 of 94 results
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.
Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: Read the full article here: Download PDF: Unfair dismissal from casual employment Read more Casual employment Unfair dismissal Constructive dismissal - do not resign Letter of resignation
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.
DUNG PHAM v HUYNH [2025] NZERA 75 - dismissal proved; lost remuneration and compensation awarded

Ms Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
LEBRETON v DA HAI INVESTMENT LIMITED [2025] NZERA 451 - Unjustified dismissal found (employee succeeded).

Da Hai Investment treated Ms LeBreton as a casual worker despite an ongoing pattern of part-time work and an original offer suggesting minimum hours. The dispute covered the true status of the relationship, how it ended, sick leave, lost remuneration and statutory breaches.

Matched passage: ... Christchurch Parties: LEBRETON v DA HAI INVESTMENT LIMITED Main issues: Unjustified dismissal, Constructive dismissal, Unjustified disadvantage, Wages, Holiday pay, Penalties, Costs Outcome: Unjustified dismissal found (employee succeeded). Story in plain English The ...

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