Care worker asked for the $5.36 she was promised, only to get fired by text. It ended up costing her boss $46,600

A migrant worker, Jing Niu, had come to New Zealand from China with her three children as dependents. For years, she worked at a modest NZ $20 (~US $11.09) per hour rate, working without payslips at an Auckland residential care facility. But when the authorities approved her accredited employer work visa at a mandated wage of NZ $29.66 (~US $16.45), she decided to advocate for herself. She asked her employer to pay the rest of her income but was fired immediately by text message. After she protested the move, the authorities recognized her plea and offered the care home nearly NZ $84,000 (~US $46,600) to settle claims of unfair termination and exploitation of the worker, according to an October 9, 2026, report by Stuff.

Working at a lower-than-agreed pay

Niu started working in the care home in May 2023, starting at two half-day trial shifts paid at around NZ $100 (~US $55) in cash. Weeks later, her first employment contract agreed to a rate of $22.70 (~US $12.59) an hour for a minimum of 30 hours a week. In December 2023, the rate was changed to $29.66 (~US $16.45) an hour for a minimum of 40 hours a week. The change was to support her application for an accredited employer work visa, which required a written agreement specifying an hourly rate and minimum hours. But the payment never followed the contract. Beginning in November 2023, her hours dropped to between 20 and 30 per week, and her wage remained a mere $20 (~US $11.09) an hour, as per HCA Magazine.

Volunteer agreement

The organization claimed that Niu had signed a “volunteer agreement,” according to which she agreed to work unpaid on flexible days out of “compassion.” But she contradicted the claim by saying that although the signature was hers, she did not remember signing it. The handwriting on it wasn’t hers either. Later in July 2024, her visa was approved. However, only a month later, the well-wishing took a disastrous turn.

On August 4, 2024, when Niu asked the employer to align her wages with the terms of her contract, the employer dismissed her request by saying it couldn’t pay NZ $29.66 (~US $16.45) an hour or provide 40 hours a week. Even more so, she was asked to leave the organization at once, as she was no longer required.

Suffering of a vulnerable migrant

After her dismissal, the migrant took jobs in multiple rest homes and attended several interviews but couldn’t find a position at work. Wang's constant threats to contact Immigration New Zealand only added to her stress. It was only after a recent investigation by Sarah Blick, a member of the Employment Relations Authority (ERA), that it was found that Niu was a vulnerable migrant worker who had been subjected to intentional breaches of good faith and dismissed without process.

This is not the first time

The determination noted that the Auckland rest home, named New Windsor 2017 Limited, had been previously hit with an NZ $3,000 (US $1,664) penalty in a separate, recent case where they failed to pay the employee their work pay and holiday pay. Unfortunately, it's the same case in the US. The US Department of Labor surveyed nursing homes and residential care facilities and found that nearly 80% are engaged in labor violations and exploitation, per HealthCareNews.

The problem is especially significant for migrant workers in the care sector. In the U.S., 42% of home health aides were foreign-born in 2023, more than double the 19% share across the overall workforce. Meanwhile, the Department of Labor recovered $37.8 million in back wages for nearly 30,000 healthcare workers following more than 2,300 investigations in fiscal year 2024.

Justice served

In this case, the BLS issued the final hearing on October 6, 2026. Blick ordered the company to pay NZ $26,291.86 (US $14,580) in wage arrears, NZ $3,677.84 (US $2,040) in annual holiday pay, NZ $2,001.05 (US $1,110) in sick leave pay, and NZ $1,668.38 (US $925) in public holiday pay for Niu. She was also awarded NZ $25,000 (US $13,864) for humiliation, loss of dignity, and injury to feelings, and $21,355.20 (US $11,842) in lost wages, reflecting more than 18 weeks without income after her dismissal. In total, it cost the company an astronomical penalty of NZ $83,994.33 (US $46,578) to the worker, plus NZ $4,000 (US $2,218) to the Crown, within 28 days.

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