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Results for unpaid wages

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CHEN v CONSTRUST LIMITED and Anor [2025] NZERA 20 - unjustified dismissal; compensation, wages and penalty

Mr Chen worked in a construction arrangement where the identity of the employer and the true nature of the relationship were disputed. Evidence at the ERA included inconsistent accounts about when Construst was first mentioned and the parties agreed the amount of lost remuneration if employment was established.

Matched passage: Mr Dai is ordered to pay Mr Chen $20,000.
WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge

WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.

Matched passage: The order contemplated a period of paid leave and then unpaid leave pending further determination, rather than immediate physical return to the workplace.
Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: ... for Holidays Act purposes; constructive dismissal; unjustified redundancy dismissal; unpaid wages and Holidays Act breaches Compensation: $19,000 Lost wages: $5,848.20 gross Notice pay: $3,898.80 gross, plus 3% KiwiSaver contributions Statutory entitlements: $2,657.85 ...
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: Garden leave, suspension, and the disciplinary meeting On 27 November 2024, FutureCo placed Mr Bly on paid garden leave and issued a letter proposing paid suspension while it investigated misconduct allegations.
LAZARO v WAIMEA CONTRACT CARRIERS LIMITED [2025] NZERA 472 - no dismissal at December meeting; later termination and notice addressed

Mr Lazaro said Waimea Contract Carriers dismissed him at a 4 December meeting; the employer said he was merely suspended on full pay while training and other options were considered, and that employment ended later after he refused to return.

Matched passage: Orders and payments mentioned Notice pay: $44,000 Costs: Costs reserved.
PAETZ v SOLLY'S FREIGHT (1978) LIMITED [2025] NZERA 319 - The Authority found a constructive dismissal was established.

Mr Paetz resigned from Solly's Freight after disputes about excessive hours and the employer's failure to conduct a required pay review. He argued those ongoing breaches caused his resignation and also independently disadvantaged him while employed.

Matched passage: Conclusion on personal grievances [76] Mr Paetz has established personal grievances for unjustified action causing disadvantage in connection with Solly's requiring him to work more than 40 hours per week and Solly's failing to review his pay as required in the IEA.
WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.

Matched passage: Orders and payments mentioned Compensation: $20,000.
Qi Sun v Keene Construction Limited [2026] NZERA 465 - builder dismissed by text after querying apprenticeship costs

Qi Sun was an apprentice builder with Keene Construction when he queried an unpaid $300 apprenticeship-cost payment. The director then texted that there would not be a company and told him not to bother coming to work, creating a dispute about whether those messages amounted to dismissal.

Matched passage: Orders made Lost remuneration: Keene Construction must pay Mr Sun $14,061.

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