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Results for holiday pay

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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.
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.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: Arrears, holiday pay and interest The Authority ordered Coatrite to pay $7,790.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: Orders (within 28 days of 4 May 2026) Lost remuneration: a sum equivalent to 4 months average ordinary pay (including employer KiwiSaver contributions, if any), plus annual leave for that period (s 128(3)).
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: Mrs Wallace - remedies Lost wages: $19,448 (four months; calculated from $33/hour for a 34-hour week, then reflected in the orders).

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