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Results for constructive dismissal

Showing 57-64 of 94 results
HIRST v AL ENTERPRISES LIMITED [2025] NZERA 474 - bakery worker dismissed without fair process

Hailee-Anne Hirst said a bakery effectively dismissed her after calling her in on a day off and confronting her about allegedly missing market takings. The employer denied dismissing her but did not participate in the investigation meeting.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: Had he known dismissal was possible, Mr Honotapu might have brought a representative rather than only a support person, obtained further evidence about his health and prepared a more constructive response.
Nan Jia and Huachao Hou v FX NZ Limited and Yingsi Wei [2026] NZERA 30 - unjustified disadvantage and dismissal

Construction workers Nan Jia and Huachao Hou alleged FX NZ made unlawful rent deductions from wages and failed to pay public-holiday, annual-leave and other minimum entitlements. Their case combined employment-standard claims with personal-grievance issues about the employer's treatment of them.

Matched passage: Constructive dismissal can arise where an employer's conduct leaves the employee with no practical option but to resign.
WEI v LIU and Anor [2025] NZERA 80 - dismissal and wage claims upheld; $15,000 compensation

Mr Wei's claims followed a workplace altercation and the employer's response to it, including the eventual end of his employment and disputed wage-related entitlements. CCTV footage and conflicting accounts of the incident were central to the ERA investigation.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Matched passage: ... date: 22 May 2026 Employment: professional Class 5 Driver Key issues: unjustified dismissal; unjustified suspension; drug and alcohol testing; reasonable cause testing; refusal to test; serious misconduct; verification of complaint; procedural fairness; contribution ...
FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: Suspension grievance As FVG is found to be unjustifiably dismissed, the unjustified disadvantage grievance regarding the investigation and disciplinary process leading to dismissal have already been covered.
Craig (Andrew) Campbell v Qube Ports NZ Limited [2026] NZERA 174 - interim reinstatement ordered after medical incapacity dismissal; asthma/dust exposure dispute

A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during dusty palm-kernel work. He sought interim reinstatement, arguing there was a serious dispute about the actual exposure risk, his capacity for modified duties and the employer's consideration of alternatives.

Matched passage: It also noted that Qube did not put in place a return-to-work plan before dismissal, which would have given the parties a further opportunity to work constructively on accommodation and safe work design.

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