CHEN v CONSTRUST LIMITED and Anor [2025] NZERA 20

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, Changes to Mr Dai's evidence Mr Dai's evidence during the investigation meeting materially differed from what he had recorded in his written witness statement dated 11 September 2024. After that, However, during the Authority's investigation meeting, Mr Dai admitted that the first time Construst was referred to was in the WeChat message he sent Mr Chen on 3 August 2023. Later, However, in his verbal evidence during the Authority's investigation meeting Mr Dai accepted that there was no discussion during the 27 July 2023 meeting about the status of the parties' relationship. The determination records that During the Authority's investigation meeting the parties agreed there was no discussion of Construst during the job interview on 27 July 2023. The Authority notes that Mr Dai acknowledged at the investigation meeting that he did not tell Mr Chen during the job interview on 27 July 2023 that he (Mr Dai) was acting as an agent for Construst. Ultimately, Mr Dai's evidence at the investigation meeting about the fact Construst was not mentioned to Mr Chen until the WeChat message dated 3 August 2023 contradicted what he had written in his witness statement, which was prepared by his representative. In the end, During the investigation meeting the parties calculated, and agreed, that if Mr Chen was held to be an employee, then his actual lost remuneration (based on the hours he had worked while employed by Mr Dai) was $5,236.53 gross.

Key case markers

• This determination comes from the Auckland registry.
• The parties are CHEN (employee) and CONSTRUST LIMITED and Anor (employer).
• Hearing date noted: 18 and 19 September 2024 (2 days).
• Authority member: Rachel Larmer.

Key events described

• Changes to Mr Dai's evidence Mr Dai's evidence during the investigation meeting materially differed from what he had recorded in his written witness statement dated 11 September 2024.
• However, during the Authority's investigation meeting, Mr Dai admitted that the first time Construst was referred to was in the WeChat message he sent Mr Chen on 3 August 2023.
• However, in his verbal evidence during the Authority's investigation meeting Mr Dai accepted that there was no discussion during the 27 July 2023 meeting about the status of the parties' relationship.
• During the Authority's investigation meeting the parties agreed there was no discussion of Construst during the job interview on 27 July 2023.
• Mr Dai acknowledged at the investigation meeting that he did not tell Mr Chen during the job interview on 27 July 2023 that he (Mr Dai) was acting as an agent for Construst.
• Mr Dai's evidence at the investigation meeting about the fact Construst was not mentioned to Mr Chen until the WeChat message dated 3 August 2023 contradicted what he had written in his witness statement, which was prepared by his representative.
• During the investigation meeting the parties calculated, and agreed, that if Mr Chen was held to be an employee, then his actual lost remuneration (based on the hours he had worked while employed by Mr Dai) was $5,236.53 gross.
• Mr Dai is ordered to pay Mr Chen $20,000.00 under s 123(1)(c)(i) of the Act to compensate him for the humiliation, loss of dignity and injury to feelings his unjustified dismissal caused him.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Compensation: $20,000
• Lost wages / arrears: $760.00
• Lost remuneration: $5,236.53
• Penalty: $1, 250.00
• Costs: Costs awarded.

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.