Can an Employment Advocate Help Me If I Have Already Resigned?
- anne-mariedolan
- Aug 28
- 3 min read
It’s a tough place to be. You've handed in your resignation, perhaps under stress, confusion, or anger, and now you're wondering: Have I done the right thing? Is it too late to get help? Can I still engage an employment advocate? The short answer is yes, you still have options. But it does depend on why you resigned, when you resigned, and how strong your case is.
Resigning under regular circumstances, say, a better job offer, usually closes the door on legal remedies. But resignations tied to an employer's wrongdoing may still open that door. Key scenarios include:
Constructive Dismissal
This occurs when your resignation wasn’t truly voluntary but was forced by the employer’s conduct. Under New Zealand law, for a constructive dismissal claim you must generally prove:
The employer’s actions or omissions forced resignation such as being bullied or having your hours slashed without your agreement.
It was sufficiently serious and not just an annoyance. It must be so bad that resignation was reasonably foreseeable.
Timing matters - you need to have resigned promptly after the conduct.
Examples include being pushed to resign instead of being dismissed, an employer gradually making your role unbearable through excessive workloads or exclusion, or serious breaches of contract like changing key terms without your consent.
Bullying
Bullying can be a standalone ground or a component of constructive dismissal. Workplace bullying is repeated, unreasonable behaviour harming someone’s physical or mental health. If unchecked by the employer, this can be part of a constructive dismissal claim.
Discrimination
If you resigned because of discrimination based on, age, sex, religion, disability, or other protected grounds under the Human Rights Act (and the Employment Relations Act), you may have a personal grievance. This could be a route even after resignation.
Timing can make or break a claim. Typically, you must bring a personal grievance within 90 days of the resignation. However, in constructive dismissal cases, the date of resignation itself is often the point at which the grievance emerges. So if your resignation was within that 90-day window you may still be able to act.
What Can an Employment Advocate Do for You After You've Resigned?
An employment advocate can be a guide and support through the legal process. An advocate can help clarify whether your resignation might qualify as constructive dismissal, bullying, discrimination or another ground. They’ll ask: What specifically happened? When? What evidence do you have?
Often advocates offer no-win-no-fee arrangements, meaning they only charge you if your claim succeeds. This can make pursuing a case less risky financially.
If there’s merit, they can prepare and lodge a personal grievance on your behalf. They’ll help you organise your evidence including documentation, notes, dates and patterns.
Most cases settle through negotiation or mediation before reaching the ERA. An advocate can represent you through negotiations, mediation and hearings.
Even after resignation, you may seek compensation for lost wages, hurt and humiliation, or other damages. An advocate can advise you what remedies to seek and help ensure you receive what you are entitled to.
What Should I Do Now If I think I have a Grievance?
Review your resignation timeline. How long ago did you resign? If within 90 days, you still have a window.
Gather any evidence. Emails, diary entries, messages, conversations and anything that details what you experienced.
Document reasons. Write down why you resigned including any examples of bullying, pressured conditions, or discriminatory treatment.
Contact an employment advocate promptly. Find out whether your case has enough merit.
Act quickly. If an advocate sees that you might have a constructive dismissal or discrimination claim, they’ll want to file a grievance fast.
If you have already resigned an employment advocate can still help you, provided your resignation was prompted by serious employer wrongdoing like constructive dismissal, bullying, or discrimination. Timing, evidence, and legal framing are critical. Employment advocates can guide you through mediation or hearings, and pursue compensation or remedies even after the job is technically over. In some circumstances there may be limited or no recourse but you won’t know without asking for an assessment. So gather your evidence and speak to an employment advocate soon. Get in touch now for a free consultation. MathewsWalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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