Constructive dismissal
Constructive dismissal is different to unfair dismissal although the result is the same, leaving you out of a job.
Constructive dismissal is a very stressful situation and often people are not aware they are being put in this position until after the fact.
What is constructive dismissal?
Constructive dismissal is where you feel you have no choice but to resign from your job because your workplace or working conditions have been made so unpleasant, you don’t feel you can continue to perform your job.
The circumstances are always different, but typically constructive dismissal involves bullying, being pressured to resign, or where your employer makes it increasingly harder for you to complete your duties to expectations.
Grounds for a personal grievance
You can bring a personal grievance against your employer if you feel you have been subject to constructive dismissal. They can be complex matters to evaluate, so you should seek professional advice before taking action.
How we help
We’re experts at getting to the bottom of employment disputes, so we’ll investigate your circumstances, represent you in any mediation and provide you with advice and support through this difficult time. Being without work is hard enough, so we offer a no win, no fee service and cover any costs incurred until your situation is resolved.
If you feel you have been subject to constructive dismissal, we urge you to contact us immediately, in confidence.
If you want more information about constructive dismissal, you can read a comprehensive summary at Employment New Zealand.