Constructive dismissal is one of the most misunderstood concepts in employment law – it is often used mistakenly to describe situations where an employee resigns under difficult circumstances or pressure in the workplace.
A constructive dismissal, according to case law, arises only in specific circumstances. Many constructive dismissal arguments do not succeed.
The aim of this guide is to help both employers and employees better understand the legal concept of constructive dismissal in order to make better strategic decisions.
bellandco.co is the practice website of Andy Bell, Partner at Lane Neave — employment law and relationship property lawyers, Wellington & Auckland. Bell & Co merged with Lane Neave in 2020. Andy Bell on laneneave.co.nz