[2014] NZEmpC 200 Vaai v Moana Pacific Fisheries Ltd [pdf, 51 KB]
...basis of the facts as pleaded. Rule 15.2(a) further provides that a proceeding may be dismissed if the plaintiff fails to prosecute it to trial and judgment. [4] The plaintiff’s claim is that he was constructively dismissed. As the Court of Appeal in Auckland Shop Employees Union v Woolworths (NZ) Ltd 1 made clear, a claim of constructive dismissal may be made out where an employer gives the employee a choice of resigning or being dismissed. There is no allegation that the e...