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Results for unpaid wages

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ZiGen Wong v NZAT Construction Limited [2026] NZERA 193 - employee status found despite no visa; $18,187.50 wage arrears + $1,455 holiday pay; constructive dismissal upheld

ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.

Matched passage: 50 Unpaid period found: 17 weeks (8 January 2024 to 5 May 2024) Gross wages for 17 weeks: $20,187.
Olliver & Taylor v Te Araroa [2025] NZERA 312 - fixed-term dismissals unjustified; $37,500 and $27,500 compensation

Community Connectors Daynah Olliver and Sheena Taylor were employed on fixed-term agreements that did not properly record the statutory reasons for the fixed terms. Te Araroa then tried to end both employments early without a fair process.

Matched passage: ... Olliver: $37,500 compensation for dismissal, discrimination and disadvantage; 13 weeks lost wages plus 8% holiday pay and employer KiwiSaver contribution; $1,110 wage arrears; further wage arrears equivalent to 21 weeks plus holiday pay and KiwiSaver; unpaid annual holiday ...
Yang (Helen) Feng v Dong Construction and Dong Wang [2026] NZERA 132 - trial-period defence fails; dismissal and entitlement breaches established

Yang (Helen) Feng worked for Dong Construction in circumstances involving a disputed trial period and claims for unpaid employment entitlements. The ERA examined whether the trial clause could lawfully prevent a dismissal grievance and what wages or other payments remained owing.

Matched passage: (b) Section 4 of the WPA (failure to pay wages when they became due without deduction).
Getting IRD (myIR) records for an unjustifiable dismissal claim: unfair dismissal lost wages evidence

How to obtain and use myIR income records as independent evidence of pre- and post-dismissal earnings when calculating wage arrears and lost-remuneration claims.

Matched passage: They can help quantify wage arrears, holiday pay, and lost wages, and can also expose gaps between what the employer says and what was actually filed with IRD.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: Lost wages: from dismissal to 30 April 2026, less actual casual earnings for the relevant period.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: Lost wages and compensation Mr Honotapu sought lost wages using a 30-hour week, but the evidence showed he was then working about two days a week.
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.

Matched passage: Xero was ordered to pay two weeks' lost remuneration, the ERA filing fee and $16,000 compensation after a 20 percent reduction for contribution.
Xiaomeng Feng v Yoga Limited [2025] NZERA 709 - admitted unjustified dismissal, $12,400 remedies and no contribution reduction

Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.

Matched passage: Ms Feng received $8,000 compensation and $4,400 lost wages, with no reduction for contribution.

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