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Results for constructive dismissal

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Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: The transcript of the dismissal conversation began with Brandt telling him the decision was final.
Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269 - Probationary period dismissal held unjustified; $9,000 compensation + $14,040.40 lost wages; penalties dismissed

Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.

Matched passage: The handwritten notes recorded that the outcome to be delivered that day could include a warning, a performance improvement step, a first and final warning, or dismissal - and ultimately dismissal occurred that day.
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.

Matched passage: Unjustified dismissal was not made out Mr Devine also advanced an unjustified dismissal claim (including constructive dismissal), based on the way the employer handled the unpaid suspension and the breakdown in communications.
Nicholas Fry v Fire and Emergency New Zealand [2026] NZERA 116 - FENZ identity-promise breach caused disadvantage; $13,000 compensation

Nicholas Fry's dispute with Fire and Emergency New Zealand arose from FireSuper membership and a promise about protecting the identity of another person, TEP, whose eligibility he had raised. Mr Fry alleged FENZ broke that promise and that the resulting use of TEP's identity damaged his employment relationship.

Matched passage: Was Mr Fry constructively dismissed by FENZ?
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: OAS had therefore established an unjustified dismissal.
Jack Wills v Complex Forme Limited [2026] NZERA 76 - health centre worker dismissed by silence after no contract and no pay; $25,526.80 ordered plus penalties

Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.

Matched passage: The Employment Relations Authority (ERA) treated that sustained silence as a dismissal and found the dismissal unjustified.
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: Outcome: Redundancy was genuine and dismissal substantively justified, but significant good faith/consultation defects meant unjustified disadvantage was upheld.
Emily Grinsted v Bunnings Limited [2026] NZERA 236 - STI bonus claim succeeds; four other disadvantage claims fail

Emily Grinsted, Bunnings' New Zealand People and Culture Manager, brought five unjustified-disadvantage claims while remaining employed. The complaints concerned how criticisms were raised, information and duties, contractual obligations and a short-term incentive bonus.

Matched passage: Ms Obeid told the Authority that her intention at the meeting was to provide Ms Grinsted with constructive feedback regarding her conduct and her alignment.

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