We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
![Payal v JB Hospitality Ltd [2026] NZERA 18 - Constructive dismissal, wage arrears, and premium payments](/Images/EmploymentAdvocatesAuckland.jpg)
A practical summary of Payal v JB Hospitality Ltd [2026] NZERA 18. The ERA found constructive dismissal and ordered compensation, lost wages, wage and holiday arrears, and repayment of an unlawful premium payment.
Jagjit Singh v L&B Foods Ltd [2026] NZERA 13. The Authority upheld unjustified dismissal, ordered compensation and lost wages (reduced for contributory conduct), and ordered wage and public holiday arrears with interest.
In George King v Off the Wall Construction Ltd [2026] NZERA 14, the ERA held the 90-day trial was invalid because the employee had already worked (and been paid) before signing. The dismissal was unjustified and the Authority awarded lost wages and compensation.
Summary of Hurikawa v Walton Mountain Ltd [2026] NZERA 8. The ERA found an unjustified dismissal and ordered lost wages ($6,656) and compensation ($15,000).
JHJ v IXX [2026] NZERA 2 is an unjustified dismissal determination. The ERA ordered $14,040.00 gross lost wages (3 months cap) and $17,500.00 compensation, with costs reserved. The determination includes a temporary non-publication order.
In Jingkai Wang v E|nvoco Ltd [2025] NZERA 845, the ERA found the employee was not dismissed and had resigned. A limited unjustified disadvantage was established due to the employer's failure to respond to concerns raised in the resignation email. The ERA awarded $1,500 compensation (after a 25% reduction for blameworthy conduct). Costs were reserved.
In Jimmy Nelson v The Digger Man Ltd [2025] NZERA 835, the ERA found the employee was unjustifiably dismissed after repeated absences, because the employer did not give a final opportunity to respond before dismissal. Remedies were reduced by 50% for the employee's contribution. The ERA ordered $720 gross lost remuneration and $5,000 compensation.
Mr Menzies lost company limited liability protection over grievance remedies in the ERA. We appealed to the Employment Court, but discontinued when it became futile. Catherine Stewart Barrister team repeatedly made veiled threats to seek a jail sentence against Mr Menzies in event of non-payment. Fresh evidence has led to a judicial review now underway.
