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Results for unpaid wages

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Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: 55 (filing fee), payable within 28 days.
UERATA v EXPERT MOVING GROUP LIMITED [2025] NZERA 34 - dismissal failed substantive and procedural justification

Expert Moving dismissed Mr Uerata without meeting the minimum procedural requirements in s 103A or its good-faith consultation obligations. The dispute also involved unpaid amounts and the hours he had been working before termination.

Matched passage: The Authority was satisfied that Mr Uerata was working an average of 26 hours per week at the time of his dismissal, and that this is the appropriate basis for an assessment of his lost wages.
Can New Zealand law recover employment premiums paid overseas? Top Produce and Bhatia go to a Full Court

Top Produce and Bhatia raise a Full Court question about whether New Zealand's Wages Protection Act can reach an employment premium paid outside New Zealand before or in connection with employment here.

Matched passage: A rule confined to payments physically made in New Zealand would be easy to avoid: the employer could simply direct that payment be made overseas.
Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659 - apprentice dismissed by text after repeated wage problems

Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.

Matched passage: Employees in this position should preserve bank statements, payslips, timesheets, texts about hours and pay, the employment agreement, any termination message and evidence of their job search after dismissal.
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.

Matched passage: At a glance Citation: [2026] NZEmpC 186 Judge: Judge Helen Doyle Judgment date: 14 August 2026 Underlying ERA determination: Resink v Employment Services Limited [2025] NZERA 104 Outcome: employer's challenge dismissed; constructive dismissal upheld Lost wages: $17,500.
Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: She was also awarded 13 weeks' lost wages totalling $6,240 gross and $650 gross outstanding annual-holiday pay.
Faitala and Vea v Pacific Island Business Development Trust [2026] NZEmpC 53 - disadvantage findings and remedies varied

Mr Faitala and Mrs Vea were made redundant by Pacific Island Business Development Trust during a flawed restructure. Their Employment Court challenge focused on pre-dismissal disadvantage during the process and the proper level of lost-remuneration and compensation remedies.

Matched passage: Mr Faitala was awarded a sum equivalent to six months' lost wages, less the amount already ordered by the Authority and other income earned during that period.
Sheridan v Pact Group [2026] NZEmpC 51 - medical incapacity dismissal overturned

Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.

Matched passage: ... and process unjustifiable Compensation: $30,000 Lost remuneration: six months' lost wages, less relevant ACC payments Contribution: no reduction How the incapacity arose Ms Sheridan worked as a community support worker in a residential service. In January 2021 a ...

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