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Results for holiday pay

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Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 - dismissal, unpaid leave and $17,500 compensation

Painter Cameron Wong was told to pack his belongings and leave after a workplace confrontation, then received only part of his final entitlements. Obers Brothers Construction, already in liquidation, did not participate in the ERA investigation.

Matched passage: pdf"; } Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713 Painter Cameron Wong said he was confronted at work, told to pack his belongings and leave, and later received only part of his final pay.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: ... unpaid work period after closedown; employer non-communication; unilateral leave without pay; unjustified disadvantage; constructive dismissal; wage and holiday pay remedies Unjustified disadvantage: established Unjustified dismissal: established Compensation: $12,000 for ...
Payal v JB Hospitality Ltd [2026] NZERA 18 - Constructive dismissal, wage arrears, and premium payments

Payal worked for JB Hospitality in a relationship involving unpaid wages and alleged premium payments. She resigned after the employment problems persisted and argued that the employer's breaches were sufficiently serious to amount to constructive dismissal.

Matched passage: ... on an Accredited Employer Work Visa to work as a duty manager. She alleged that she was not paid wages for the first month, was underpaid for the hours worked after wage payments started, was required to pay wages to another employee, and faced working conditions (including ...
Philip Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 481 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.

Matched passage: Unpaid wages and the notice-period error Mr Powell claimed payment for unpaid wages because OH & N wrongly applied annual holiday instead of paying ordinary notice wages during the notice period.
Holidays Act

Holidays Act

Topic
11 articles

The purpose of the Holidays Act 2003 is to promote balance between work and other aspects of employees lives and to provide employees with minimum entitlements to annual holidays that provide the opportunity for rest and recreation.

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Conner Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 480 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.

Matched passage: Unpaid wages and the notice-period error Mr Powell claimed payment for unpaid wages arising from OH & N's incorrect use of annual holiday pay instead of ordinary wages for his notice period.
Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

Daniel Bly was dismissed by FutureCo after Instagram posts and internal Slack messages became the subject of disciplinary allegations. The case tested both the seriousness of the conduct and whether the employer's investigation and dismissal response were proportionate.

Matched passage: Annual leave shortfall: 16 hours The Authority found FutureCo did not correctly pay out Mr Bly's annual leave balance at termination.

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