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![Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.
Architectural technician Ms Xu was told her role was redundant during a downturn in work. The employer had genuine commercial reasons to reduce staffing, but the decision was communicated without meaningful consultation beforehand.
MOVE Freight dismissed Mr Putaanga for medical incapacity after a workplace accident and a lengthy period assessing his prospects of returning to full-time work. He also alleged the employer had failed to provide a safe workplace and that this caused unjustified disadvantage.
Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.
Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.
Ms Ma's short restaurant employment ended after management announced reduced hours and a disputed phone call, followed by her omission from the next roster. The employer said she was casual and had abandoned employment.
Ms Dung Pham disputed the way her employment at a nail salon ended and sought remedies for dismissal. The Authority had to resolve conflicting accounts of whether and when the employer brought the employment relationship to an end.
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.
