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.
Read the full ERA determination (embedded)
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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.
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