What counts as constructive dismissal?
New Zealand courts have recognised three main situations:
- Your employer told you to resign or be dismissed.
- Your employer followed a course of conduct meant to push you out, for example by making your job impossible, isolating you or cutting your hours.
- Your employer seriously breached its duties to you (such as ongoing bullying, not paying you, or unsafe work), and it was foreseeable that you would resign.
The breach has to be serious. Ordinary disagreements or a single bad day usually aren't enough.
Thinking about resigning? Talk to us first
The strongest constructive dismissal claims are usually set up before you resign. In a free call we can help you:
- raise your concerns in writing so there's a record;
- give your employer a fair chance to fix things;
- decide whether to resign, and how to word your resignation so it protects your claim.
Already resigned?
You can still bring a claim. The 90-day personal grievance deadline usually runs from your resignation, so get in touch as soon as you can.
Common questions
Is constructive dismissal hard to prove?
It can be. You need to show the employer's breach was serious and that your resignation was a foreseeable result. Good evidence, such as emails, messages and written complaints, makes a big difference.
Should I resign before calling you?
Ideally, no. Call us first. We can often strengthen your position, or help you resolve things without resigning.
Other ways we can help
This page is general information about New Zealand employment law, not legal advice for your situation. Call us for a free assessment.