Authority highlights important lessons on workplace communication

09 May 2025

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The Employment Relations Authority (ERA) recently dealt with a case involving a young worker who claimed he was constructively dismissed from his role. The worker alleged that he faced unfavourable treatment by managers who yelled at him and treated him in a humiliating manner.

The worker also claimed he was misled about available working hours. Despite indicating his availability for additional work, he was repeatedly denied extra hours while the employer continued to advertise new positions. He raised these concerns in a formal meeting but felt the issues weren't adequately addressed.

After approximately nine months of employment, the worker resigned, claiming he felt compelled to do so due to the ongoing issues. He argued that his employer's actions breached good faith obligations and amounted to constructive dismissal.

Background of the case

The worker began his employment with the Hell's Pizza franchise in April 2023 as a permanent part-time kitchen staff member with a minimum of six hours work per week. At the time, he was 16 years old and enrolled in a tertiary food and beverage course. During his interview, he mentioned he would be applying for a restricted driver's licence in six months to enable pizza delivery work.

His employment agreement specified that his "usual hours of work shall be 6 hours, over Monday to Sunday." The ERA noted these provisions might not comply with...

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