Free case review. Calm, confidential advice. No Win, No Fee options available.
You resigned because your employer’s behaviour made staying impossible
You were bullied, harassed, or targeted at work
Your role, pay, or hours were changed without agreement
Your employer failed to act on serious complaints
You were pressured or indirectly pushed to resign
If any of the above apply to you, your resignation may legally be treated as an unfair dismissal.
On a valid 90‑day trial, you generally can’t claim constructive dismissal but can claim discrimination/harassment.
Constructive dismissal occurs when an employee resigns because their employer’s actions – or failure to act – leave them with no reasonable option but to leave.
Even though you resigned, the law may treat the situation as if you were dismissed by your employer.
This is a recognised form of unfair dismissal under NZ employment law – but the threshold is high, and evidence matters.
In New Zealand, constructive dismissal generally falls into one of three categories:
Each type requires strong evidence linking your resignation to your employer’s conduct.
We provide clear, practical support at every stage:
Honest case assessment
Advice before resignation
Personal grievance preparation and submission
Representation at MBIE mediation
ERA advocacy if required
Most constructive dismissal claims qualify for our No Win, No Fee service – meaning you don’t pay unless we achieve a successful outcome.
You’ll always know where you stand before moving forward.
Many people stay longer than they should out of fear, uncertainty, or financial pressure.
Leaving a job under these circumstances is never easy.
Our role is to protect your position, explain your options clearly, and help you move forward with confidence.
Constructive dismissal claims are some of the most complex and risky employment claims in New Zealand.
Even when something feels clearly unfair, the legal threshold is high – and the burden of proof usually sits with you, the employee.
Getting professional advice early can make a critical difference.
Here’s why support matters:
NZ‑wide employment advocacy, focused on employee rights
We keep it simple.
No win- No Pay
Rapid triage, clear advice, and representation at mediation and ERA
Professional, practical guidance – so you know what happens next
Contact us for a free case review
Explain what’s happening and send any documents.
We assess your situation
We’ll tell you whether you may have a constructive dismissal claim – and what to do next.
Leave the rest to us
From grievances to mediation, we handle the process so you don’t have to.
Not every resignation is a constructive dismissal.
This distinction is critical. Getting advice before resigning can protect your position.
Constructive dismissal claims often involve:
If your workplace became unbearable and nothing changed, your resignation may not have been your fault.
To succeed, you generally need to show that:
Resigning too early or without advice can harm your case.
Speaking to an expert before resigning is strongly recommended.
If you’re considering leaving your job due to unfair treatment:
Even small steps now can make a big difference later.
If available:
You don’t need everything – we can help you fill in the gaps.
In a sense, yes. Constructive dismissal is a form of unfair dismissal where resignation was forced by employer conduct.
Yes, but timing and evidence are critical.
Usually 90 days from resignation or when you became aware of the issue.
Possible outcomes include lost wages, compensation, and other remedies, depending on the case.
90‑day deadline: Don’t miss your window to raise a personal grievance.
What happens next: We’ll assess your case, explain options, and act fast on your behalf – often starting with free MBIE mediation.
Talk to Sacked Kiwi: Call 0508 227 799, or request a Free Case Review via the form above
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