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Results for forced resignation

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ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.

Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.

Matched passage: Mr Zhang argues that because he resigned in response to breaches of duty by Mr Noodles, his resignation should be treated as a dismissal - a constructive dismissal.
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.

Matched passage: The unagreed recovery of the vehicle reinforced the impression that the relationship had broken down.
Lita Beattie v Matthew Roberts [2026] NZERA 450 - employee status, unpaid wages and constructive dismissal

Lita Beattie worked as Head Chef/Kitchen Manager in a relationship the respondent treated inconsistently and left with significant wage arrears. The ERA had to determine employee status, unpaid entitlements and whether employer conduct forced her resignation.

Matched passage: That made the resignation a constructive dismissal.
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: However, it was the last straw in the continuing breach of good faith and reinforced Mr Resink's conclusion that trust and confidence had irretrievably broken down.
Adarsh Chand v Professional Stylish Barber Shop Limited [2026] NZERA 244 - unjustified constructive dismissal after unjustified warnings; $12,000 compensation + $14,560 reimbursement

Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.

Matched passage: ... broader allegation that sick leave was refused whenever he could not afford a certificate. Constructive dismissal: why the resignation was treated as an unjustified dismissal The Authority applied the constructive dismissal principles from Auckland Shop Employees Union v ...
Paul Adams v EverEdge Global Limited [2026] NZERA 509 - employer stopped paying founder to force resignation

EverEdge stopped paying founder and CEO Paul Adams while he continued working from Amsterdam, ignored repeated requests for his salary and later gave inconsistent explanations for the non-payment. Mr Adams ultimately resigned.

Matched passage: The most likely conclusion was that pay was stopped to pressure Mr Adams in the share-sale and settlement disputes and to obtain his resignation without following an employment process.
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.
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: Constructive dismissal also established The Authority separately considered the December 2024 resignation.

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