![ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Orders included $18,000 compensation, $62,831 gross wage arrears, repayment of a $3,730 unlawful premium, and $2,250 costs.
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Results for wage arrears
Orders included $18,000 compensation, $62,831 gross wage arrears, repayment of a $3,730 unlawful premium, and $2,250 costs.
The ERA found constructive dismissal and ordered compensation, lost wages, wage and holiday arrears, and repayment of an unlawful premium payment.
The Authority ordered arrears, lost remuneration, $18,000 compensation each (after contribution), and a $10,000 penalty.
On 22 December 2024 Mr Maiorenko sent an email to Mr Astashkin requesting payment of wages and requesting details about his next job.
Remedies were reduced by one third for contributory conduct, and wage/public holiday underpayments were ordered.
The Employment Relations Authority can award penalties against an employer where the employer has repeatedly failed to pay wages and minimum entitlements.
The Authority ordered $15,210 gross reimbursement of 3 months lost wages, $15,000 compensation for humiliation and injury to feelings, plus holiday pay arrears ($1,684.
The Authority ordered remedies, including compensation and payment of wage/holiday pay entitlements.