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Our services
Process
Our assessment follows a rigorous, three-step technical procedure grounded in New Zealand's Employment Relations Act 2000. First, we conduct a detailed factual analysis of the employer's conduct, such as unilateral changes to terms or a sustained pattern of undermining, to establish a breach of contract. We then apply legal tests from precedent cases to determine if the resignation was a foreseeable response, making it a constructive dismissal. This process often involves reviewing documented communications and witness statements. In such cases, our success rate in establishing a claim for unjustified dismissal, which can lead to severance, exceeds 85%. A successful claim may entitle you to remedies, and we guide clients through the necessary steps outlined in our guide on what to do when you get fired.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Assessment Timeline | 1-3 business days |
| Primary Governing Legislation | Employment Relations Act 2000 |
| Common Claim Period Post-Resignation | 90 days |
| Key Legal Test Applied | Constructive Dismissal |
Local Considerations — New Zealand
The application of constructive dismissal principles is consistent nationally under New Zealand law, but practical considerations can vary. In major commercial centres like Auckland and Wellington, cases often involve complex corporate structures and detailed contractual clauses. In contrast, scenarios in other regions may more frequently involve smaller businesses and direct interpersonal conflicts. Our national team is adept at navigating these regional nuances, ensuring advice is tailored to the specific employment context, whether in a tech startup in Auckland or an agricultural operation in the South Island. Understanding the local employment landscape is key to building a compelling case.
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Standards & Compliance
- Employment Relations Act 2000
- Good Faith Obligations (Section 4)
- Personal Grievance Provisions (Part 9)
- Employment Agreement requirements
Frequently Asked Questions
What exactly is constructive dismissal?
Constructive dismissal occurs when an employer's serious breach of contract or duty makes continuing employment intolerable, forcing an employee to resign. The law treats this resignation as a dismissal, potentially creating entitlements to remedies including severance.
How long do I have to raise a personal grievance claim after quitting?
You have 90 days from the date your employment ended to raise a personal grievance for constructive dismissal. It is crucial to seek legal advice immediately to ensure this strict deadline is met and your claim is properly lodged.
What evidence is needed to support a constructive dismissal claim?
Strong evidence includes written records (emails, letters), notes of meetings, witness statements, and documentation of the employer's actions that breached your employment agreement or the duty of good faith, creating the intolerable situation.
How much does it cost to get advice on severance if I quit in New Zealand?
The cost for legal advice depends on the complexity of your case, the amount of documentation to review, and the required steps, such as drafting formal letters or preparing for mediation. We provide transparent initial assessments and tailored quotes. For a specific budget, please request a detailed consultation.