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Results for constructive dismissal

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ZiGen Wong v NZAT Construction Limited [2026] NZERA 193 - employee status found despite no visa; $18,187.50 wage arrears + $1,455 holiday pay; constructive dismissal upheld

ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.

Matched passage: ... evidence Determination date: 31 March 2026 Issues: employee status (s 6); wage arrears; constructive dismissal; remedies Outcome: employee status found; wage arrears and holiday pay ordered; unjustified constructive dismissal upheld; compensation and costs ordered; lost ...
Payal v JB Hospitality Ltd [2026] NZERA 18 - Constructive dismissal, wage arrears, and premium payments

Payal worked for JB Hospitality in a relationship involving unpaid wages and alleged premium payments. She resigned after the employment problems persisted and argued that the employer's breaches were sufficiently serious to amount to constructive dismissal.

Matched passage: Key findings (plain English) Constructive dismissal: The Authority was satisfied the employer's breaches were serious enough that resignation was reasonably foreseeable.
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: Compensation was assessed separately for (a) the disadvantage and (b) the constructive dismissal.
CULLY v THE WORK SHOP LIMITED (IN LIQUIDATION) [2025] NZERA 507 - constructive-dismissal and wage claims; $12,000 ordered

Mr Cully resigned from The Work Shop Limited and alleged the employer's breaches were serious enough to amount to constructive dismissal. He also sought unpaid wages and compensation, requiring the ERA to determine whether his resignation was legally attributable to the employer's conduct.

Matched passage: Accordingly The Authority found that his claim for unjustified (constructive) dismissal is made out on these grounds.
TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460 - employer conduct caused constructive dismissal

Mr Tong's claims against Sheffield Steel arose after workplace difficulties, attempts to place him with another employer and the eventual end of his employment. He alleged both unjustified disadvantage and constructive dismissal.

Matched passage: Mr Tong's grievance claims Claims for unjustified disadvantage and unjustified dismissal [20] Mr Tong's closing submissions did not differentiate which alleged facts supported each of his grievance claims.
WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.

Matched passage: The Authority found that WRW was constructively dismissed by the employer.
CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428 - dismissed during notice period; constructive dismissal in alternative

Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.

Matched passage: Practical takeaways Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.

Matched passage: The Authority notes that the employer say this supports its position that Mr Riseley intended to resign to set up his own business and his personal grievance claims were all manufactured in order to justify a constructive dismissal claim.

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