Cases › Constructive dismissal claims
743 Employment Relations Authority determinations, newest first.
A constructive dismissal claim says the employee resigned only because of how the employer acted, so the resignation should be treated as a dismissal. Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) identifies three situations, which are not exhaustive: the employer offered a choice between resigning and being dismissed; the employer followed a course of conduct meant to make the employee resign; or a breach of the employer's duties led the employee to resign. For the third, Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 2 NZLR 415 (CA) asks whether the breach caused the resignation, and whether it was serious enough that the employer could reasonably foresee the employee would not stay. A constructive dismissal is then judged for justification under s 103A like any other dismissal.
Open these in the case browser