WEI v LIU and Anor [2025] NZERA 80

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

Story in plain English

This decision deals with an unjustified dismissal claim and the Authority's findings and remedies.

In summary, Mr Wei claimed the respondents failed to address this matter in an appropriate manner, which he alleged led to him being subjected to a (quoted wording omitted) in the workplace by Ms Gong on 13 December 2023 (the altercation). After that, The Authority's investigation [9] The Authority conducted an in-person investigation meeting (IM) on 7 November 2024 in Auckland. Later, The Authority carefully reviewed CCTV footage taken inside the workplace of the 13 December 2023 incident (the altercation in which Mr Wei claimed Ms Gong had assaulted him, and Ms Gong claimed Mr Wei had assaulted her). The determination records that Mr Wei was excitable during the Authority's investigation meeting, pointing aggressively at the interpreter (who reported feeling afraid), jumping out of his seat more than once, and speaking in a loud agitated tone. The Authority notes that Mr Liu is ordered to pay Mr Wei $15,000 distress compensation under s 123(1)(c)(i) of the Act to recognise the hurt, humiliation and distress the procedural unfairness of his dismissal has caused him. Ultimately, Accordingly, Mr Wei's distress compensation of $15,000.00 needed to be reduced by $12,000.00 under s 124 of the Act, to reflect his contribution to the situation that resulted in his dismissal personal grievance claim. In the end, Mr Liu constructively dismissed Mr Wei by failing to provide him with any work after 13 December 2023.

Key case markers

• This determination comes from the Auckland registry.
• The parties are WEI (employee) and LIU and Anor (employer).
• Hearing date noted: .
• Authority member: .

Key events described

• Mr Wei claimed the respondents failed to address this matter in an appropriate manner, which he alleged led to him being subjected to a (quoted wording omitted) in the workplace by Ms Gong on 13 December 2023 (the altercation).
• The Authority's investigation [9] The Authority conducted an in-person investigation meeting (IM) on 7 November 2024 in Auckland.
• The Authority carefully reviewed CCTV footage taken inside the workplace of the 13 December 2023 incident (the altercation in which Mr Wei claimed Ms Gong had assaulted him, and Ms Gong claimed Mr Wei had assaulted her).
• Mr Wei was excitable during the Authority's investigation meeting, pointing aggressively at the interpreter (who reported feeling afraid), jumping out of his seat more than once, and speaking in a loud agitated tone.
• Mr Liu is ordered to pay Mr Wei $15,000 distress compensation under s 123(1)(c)(i) of the Act to recognise the hurt, humiliation and distress the procedural unfairness of his dismissal has caused him.
• Accordingly, Mr Wei's distress compensation of $15,000.00 needed to be reduced by $12,000.00 under s 124 of the Act, to reflect his contribution to the situation that resulted in his dismissal personal grievance claim.
• Mr Liu constructively dismissed Mr Wei by failing to provide him with any work after 13 December 2023.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Compensation: $3,000.00
• Lost wages / arrears: $3,393.46
• Reimbursement: $71.55
• Other payments: $6,887.63

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

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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