ClickCease

MAIORENKO v NEXT GENERATION HOMES LIMITED [2026] NZERA 28 - Unjustified dismissal upheld; $12,000 compensation; $7,000 lost wages; wage arrears ordered.

The Authority found the dismissal was unjustified. On 22 December 2024 Mr Maiorenko sent an email to Mr Astashkin requesting payment of wages and requesting details about his next job.


MAIORENKO v NEXT GENERATION HOMES LIMITED [2026] NZERA 28

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

At a glance

  • Citation: [2026] NZERA 28
  • Registry: Auckland
  • Parties: MAIORENKO v NEXT GENERATION HOMES LIMITED
  • Outcome: Unjustified dismissal upheld.

Story in plain English

The employee sought clarity about payment and upcoming work. The Authority found the employer stopped providing work and stopped communicating after 18 December 2024, and that this amounted to an unjustified dismissal. The Authority made orders for compensation, lost wages, and wage arrears (plus holiday pay), with interest ordered on certain sums. Costs were reserved.

Key case markers

  • Authority member: Simon Greening.
  • Personal grievance type: unjustified dismissal.

Key events described (as described by the Authority)

  • On 22 December 2024 Mr Maiorenko sent an email to Mr Astashkin requesting payment of wages and requesting details about his next job.
  • The Authority's investigation [16] Mr Maiorenko lodged a statement of problem with the Authority on 14 February 2025.
  • Following the second CMC, the Authority emailed directions dated 2 September 2025 to the parties.
  • At my direction the investigation meeting commenced 15 minutes after the advised start time to accommodate possible lateness on the part of NGH.
  • NGH also breached its statutory obligation to deal with Mr Maiorenko in good faith by not communicating with him after 18 December 2024.4 [31] It follows that Mr Maiorenko was unjustifiably dismissed when NGH no longer provided work or communicated with him after 18 December 2024.
  • At the investigation meeting Mr Maiorenko described the personal impact of the dismissal.

Decision markers (as described by the Authority)

  • The Authority held the employer breached good faith by failing to communicate with the employee after 18 December 2024.
  • The cessation of work and communication amounted to an unjustified dismissal.
  • Wage arrears and holiday pay were ordered.

Orders and payments mentioned

  • Compensation (hurt and humiliation): $12,000.
  • Lost wages: $7,000 gross.
  • Wage arrears: $1,500 gross (for 60 hours), plus 8 percent holiday pay on gross earnings since commencement (including the arrears).
  • Interest: Interest ordered on the wage arrears and lost wages sums.
  • Costs: Reserved.
If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

Read the full ERA determination (embedded)

If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Mobile / tablet tip: Some browsers do not display embedded PDFs reliably. Use the "Open" button above.


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

0800 WIN KIWI

Search
Search articles and guides.
Tip: press / to search

Related articles

Browse all articles
Based on: Unfair Dismissal Cases
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

ERA held the employer could not rely on a one-year fixed-term clause because the statutory requirements were not met (no genuine reasons agreed and reasons not recorded). Ending employment without giving the employee a chance to comment was unjustified. Orders: $15,600 gross lost wages and $12,000 compensation (costs reserved).

Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

ERA held a night shift recovery support worker was unjustifiably dismissed after video evidence of sleeping was relied on, in circumstances where night staff had a legitimate expectation they could sleep during combined breaks and management had not clearly changed that practice. Reinstatement was declined, but the...

Aiga Faamanu Roache v Landcorp Farming Limited t/a Pamu [2026] NZERA 55 - redundancy restructure held unjustified; $18,000 compensation and $8,900.15 lost wages

ERA held the employee's redundancy dismissal was unjustified: Pamu relied on automation efficiencies but did not clearly justify why the AP Team Leader role was surplus, ran a short consultation, and mishandled redeployment communications. Orders: $18,000 compensation and $8,900.15 net lost wages.

CAMERON ROWETH v MT OUTDOORS LIMITED [2026] NZERA 50 - redundancy dismissal held unjustified due to no consultation on selection; $15,000 compensation, $5,400 lost remuneration, $1,800 notice

ERA held a fixed-term seasonal worker was unjustifiably dismissed for redundancy because the employer decided to select him for redundancy before meeting him and did not consult. Although the business case to disestablish one fixed-term role was accepted as genuine, the selection process was...

Julie Curtis v Affordable UK Caravans and Parts Limited [2026] NZERA 46 - constructive dismissal after employer refused wages and delayed return; $25,000 compensation

ERA held the employee was constructively and unjustifiably dismissed when the employer told her not to return to work until mid-January and refused to pay her contracted hours. Orders included $25,000 compensation, $8,320 reimbursement, wage and holiday pay arrears with interest, and penalties split between the employee and the Crown.

Browse topics