Apprentice builder fired by text message after querying unpaid training costs
Friday, 17 July 2026
A building company director unjustifiably dismissed an apprentice by text message after the worker questioned why his training fees had not been paid, the Employment Relations Authority has found.
Qi Sun worked for Keene Construction Limited from June 2023 until October 2024 while completing his building apprenticeship. Company director Jeremy Smith had agreed to cover Sun's remaining apprenticeship costs, but failed to pay a $300 training expense in September 2024, forcing Sun to pay it himself.
When Sun sent a text message on 3 October 2024 regarding the outstanding amount, Smith responded that the company might be losing money and going under. Sun replied that he was still employed and the company had an obligation to pay, prompting Smith to text back: “there is not going to be a company anymore, so don’t bother coming into work.”
When Sun again noted he was still employed, Smith replied, “do me a favour and don’t even bother coming into work.” Sun texted asking if he had been terminated and requested his notice or compensation, but received no response.
Five days later, Smith texted Sun asking why he was not at work, claiming he had only instructed him not to attend on Friday, 4 October. Sun replied that it was because he had been fired. Smith later alleged Sun had chosen not to show up because he had signed on with another company, though no evidence was presented to support this.
Authority member Alyn Higgins found it was reasonable for Sun to conclude he had been dismissed based on the text messages and the lack of follow-up when he explicitly asked for clarification.
'Had KCL not intended for the employment relationship to end then Mr Smith had an opportunity to clarify the situation with Mr Sun but failed to do so,' Higgins said.
Keene Construction Limited failed to lodge a statement in reply and did not attend the scheduled investigation meeting on 26 June 2026. An Authority officer attempted to contact Smith by mobile phone on the day of the meeting, leaving a voicemail message, but received no response.
The Authority ruled the dismissal was both procedurally and substantively unjustified, noting there was no evidence Sun contributed to the situation.
Sun, who has since started his own building company and become a registered builder, gave evidence that losing his job caused him significant distress. He struggled to survive on a single income to support his family and had to borrow money from friends and wider family.
Keene Construction Limited was ordered to pay Sun $14,061.87 in lost wages, $15,000.00 in compensation for humiliation, loss of dignity and injury to feelings, and $7,946.04 in outstanding wage and holiday pay arrears. The company was also ordered to pay $2,000.00 as a contribution towards Sun's legal costs.