The Authority found that Dong Construction was obliged to provide Ms Feng with work and wages from 8 January 2024, a start date both parties had agreed upon after she recovered from illness following her arrival. The company withheld work on the basis that she lacked a driver’s licence. That reasoning was rejected. The licence requirement was “not a term or condition of employment that she had been aware of or had agreed to before she arrived in New Zealand.” Ms Feng asked Mr Wang for work at least three times, but none was provided.
Because Ms Feng was never given the full IEA, the trial period provision was also deemed invalid. The clause had been lawfully included, as Ms Feng’s application predated the 29 October 2023 rule change that barred Accredited Employers from using trial periods for AEWV employees. It was, however, never communicated to her, rendering it unenforceable.
The Authority found Dong Construction had constructively dismissed Ms Feng, concluding that “the initiative for ending her employment came from her employer, not from her.” The company had breached both her employment agreement and its good faith obligations.
Ms Feng had also alleged she paid RMB 100,000 to a contact named Yan Liu as a premium for securing the job. The Authority found she could not prove on the balance of probabilities that the respondents had sought or received that money. Those claims did not succeed.
Dong Construction was ordered to pay Ms Feng $32,299.70, comprising $8,008.20 in wage arrears, $3,559.20 in notice pay, $925.39 in holiday pay, $1,306.91 in interest, and $18,500 in distress compensation. No award was made for lost remuneration, as Ms Feng provided no evidence of seeking alternative work after returning to China.