Wilkinson Urged Not To Change Constructive Dismissal Laws

The Hon Kate Wilkinson says that New Zealand’s constructive dismissal laws need to be reviewed – presumably to make them more favourable to employers.

Employment Law Experts, a leading Auckland employment relations firm, says that any such law changes are unnecessary.

What is a constructive dismissal? It is where an employee feels that he or she has no option but to resign. Common reasons why employees feel forced out are:

• Employees who are threatened with dismissal, or something else nasty, if they don’t resign.
• Ongoing sexual or racial harassment that the employer knows about but fails to deal with effectively.
• The employer making unilateral changes to the employment relationship.
• Deliberately creating an unpleasant work environment so the employee resigns.

Employment Law Experts says that it is more difficult for an employee to win a constructive dismissal claim than an ordinary type of dismissal claim. Because the scales are already tilted well towards the employer, any more changes that favour employers are unfair and unnecessary.

Employment Law Experts, Auckland, New Zealand.
www.employmentlawexperts.co.nz

ENDS

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