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Results for constructive dismissal

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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.
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.

Matched passage: It also distinguishes a fair workplace-change problem from a dismissal claim.
Andrea Lawson v Luxottica Retail New Zealand Limited [2026] NZERA 52 - investigation process disadvantages upheld; $15,000 compensation and $3,000 good faith penalty

Store manager Andrea Lawson challenged Luxottica's investigation and employment treatment after concerns were raised about store performance and policy compliance. Her case included disadvantage claims, dismissal allegations and an argument that the employer had failed to accommodate a medical condition.

Matched passage: What the Authority had to decide Constructive dismissal / unjustified dismissal (was Lawson forced to resign, and was that unjustified under the s 103A test?
Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: ... Key issues: engineered resignation; continuity of employment; Holidays Act entitlements; constructive dismissal; redundancy arising from a business sale; redeployment; consultation; notice; unpaid wages; penalties and interest Findings: continuous employment for Holidays Act ...
Edgecumbe Supermarket Ltd v Petersen [2026] NZEmpC 56 - ERA unjustified dismissal finding upheld

Mrs Petersen was immediately suspended after raising concerns about a work task, was required to leave her uniform behind and was threatened with trespass. The dispute was whether those actions objectively communicated that her employment was over.

Matched passage: In the circumstances it amounted to an unjustified dismissal.
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: ... date: 26 June 2026 Role: Fitness Instructor, Birkenhead Pool and Leisure Centre Dismissal: Summary dismissal for alleged serious misconduct on 7 February 2025 Key issues: outside personal-training business; conflict declarations; social-media videos made at the ...
GILLARD v SOUTHSHORE MARINE LIMITED [2025] NZERA 454 - 90-day trial reliance fails; dismissal unjustified

Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
HILL v TAMAKI LABOUR HIRE LIMITED [2025] NZERA 100 - personal grievance partly successful; remedies limited to proven breaches

Mr Hill challenged the ending of his employment with Tamaki Labour Hire and associated treatment during the employment relationship. The case required the ERA to separate the parts of his grievance that were established from claims for which the evidence did not justify relief.

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

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