Spotlight on constructive dismissal

Winning constructive dismissal had been seen as hard.

Fri, 10 Feb 2023

In a spate of recent Employment Relations Authority (ERA) decisions, employees have won constructive dismissal claims.The cases are noteworthy because a constructive dismissal claim is typically the most difficult type of personal grievance for an employee to pursue because they have the onus of proving that an apparent resignation amounts to a constructive dismissal as a result of their employer's actions.The level of remedies in each of the three cases was also significant.Price v Pinevale Farms Limited and HurstPrice was employed as a &l...

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