Construction Company Faces Liquidation as Unpaid Judgments Mount
Auckland property developer Anthony Corin’s Longevity Construction is teetering on the brink of liquidation, unable to meet court-ordered payments to former employees Diederik van Heerden and Robert Williams. The case highlights a growing trend of businesses struggling to meet financial obligations following Employment Relations Authority (ERA) rulings, particularly in a challenging economic climate.
The Van Heerden Case: A Long Road to Justice
Diederik van Heerden, a former construction operations manager, was made redundant in January 2024 after initially joining Longevity Construction as an independent contractor in 2021. The ERA found his dismissal unjustified and ordered the company to pay him $206,138.47, including lost remuneration, KiwiSaver contributions, and distress compensation. A further $8,436 was ordered to be personally paid by director Anthony Corin to cover legal costs. Despite the ruling in April 2025, van Heerden has yet to receive the full amount.
The situation has taken a significant toll on the van Heerden family. They were forced to sell possessions and exhaust savings intended for a house deposit, facing severe financial hardship. His wife, Elsje, was also made redundant at the same time, adding to the family’s struggles.
Williams’ Dismissal and the Legal Battle
Robert Williams, another former employee, also received a favorable ERA ruling, being awarded $67,958.67 for unjust dismissal. His case involved being informed of his redundancy via email while on sick leave. Like van Heerden, Williams has not received his payout.
Longevity Construction challenged the ERA’s decisions in the Employment Court, but a conditional stay requiring payment into court was not met. A creditor application for liquidation, initially filed in April 2025, is scheduled to be revisited in the High Court on April 20, 2026.
Economic Factors and the Rise in Liquidations
Anthony Corin attributes the company’s financial woes to a “35% drop in the economy,” claiming there are “no funds” available to satisfy the judgments. This echoes a broader trend of increasing liquidations, as businesses grapple with economic headwinds. The company proposed a creditors’ compromise, but this was rejected by van Heerden and Williams, as it did not accurately reflect the full extent of the amounts owed to them.
The Director’s Appeal and Claims of Evidence Suppression
Corin maintains he will appeal the ERA decisions, alleging that the authority did not consider crucial evidence demonstrating that the redundancies were justified and that employees were aware of potential job losses. He claims “20,000 pages of minutes” support his case, but this evidence was not accepted by the ERA.
What In other words for Employees and Businesses
This case underscores the importance of fair dismissal processes and the potential financial consequences for employers who fail to comply with employment law. It also highlights the difficulties employees face in recovering owed wages and compensation, even with a favorable ERA ruling. Employment law advocate Nita Sadie, representing van Heerden and Williams, expressed hope that compliance will ultimately be achieved.
Frequently Asked Questions
Q: What is unjustifiable dismissal?
A: Unjustifiable dismissal occurs when an employer terminates an employee’s employment without a fair and reasonable process, or without a legitimate reason.
Q: What is the Employment Relations Authority (ERA)?
A: The ERA is a New Zealand government body that resolves employment disputes.
Q: What happens if a company doesn’t pay an ERA ruling?
A: Employees can apply for a compliance order, and the company may face further legal action, including liquidation.
Pro Tip
Employers should always seek legal advice before making any redundancy decisions to ensure they comply with employment law and minimize the risk of costly disputes.
Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has a strong interest in business and financial journalism.
Want to learn more about employment rights in New Zealand? Visit the Employment New Zealand website for comprehensive information and resources.