Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659

Nicholas Stalker was employed as an apprentice builder on a guaranteed 40-hour week. After months of irregular and missing wage payments, he was dismissed by text message for alleged performance and misconduct issues that had not previously been put to him. Elevate Builders Limited did not participate in the Authority proceeding, and the ERA upheld the dismissal, disadvantage, wage and holiday-pay claims on formal proof.

Regular pay problems began after the first three months

Mr Stalker began work in April 2024 under a written agreement providing 40 hours each week at $28.50 per hour, paid weekly. From mid-July, wage payments became late and irregular and he was not always provided the contracted hours. He repeatedly raised the problem with the company's director and had to borrow from friends and family to meet ordinary living costs.

Non-payment of wages was not treated merely as a debt claim. The Authority found the repeated failure to pay on time and provide the contractual hours was an unjustifiable action affecting Mr Stalker's employment to his disadvantage.

Dismissed by text with no prior process

On 1 October 2024 Mr Stalker received a text effectively ending his employment, followed by an email referring to performance or misconduct. He said no such allegations had previously been raised and no warnings, investigation or disciplinary meeting had occurred.

Elevate Builders filed no substantive response and did not attend the investigation meeting despite service attempts. The Authority therefore proceeded by formal proof and accepted the uncontested evidence where satisfied it was properly established.

On that evidence the dismissal failed every central procedural component of section 103A. There had been no sufficient investigation, no fair statement of the concerns, no opportunity to answer them and no genuine consideration of any response. The dismissal was both procedurally and substantively unjustified.

Thirteen weeks' lost remuneration

Mr Stalker was unemployed for approximately 13 weeks before obtaining contract building work in January 2025. The Authority accepted he had taken reasonable steps to mitigate his loss and awarded $14,820 gross, calculated at 13 weeks of his guaranteed 40-hour week at $28.50 per hour.

Substantial wage, notice and holiday arrears

Mr Stalker produced a spreadsheet and supporting messages identifying unpaid hours and hours that should have been provided under the 40-hour guarantee. The Authority awarded $9,834.21 gross for 345.06 hours, plus $786.73 holiday pay on that amount.

The employment agreement also required two weeks' notice. As no notice pay had been provided, the Authority awarded $2,280 gross plus $182.40 holiday pay. A further $1,399.78 gross was awarded for annual-holiday entitlements owing on termination.

Compensation, penalty and costs

Mr Stalker received $15,000 compensation for the humiliation, distress and financial impact of the personal grievances. The Authority also imposed a $2,000 penalty for the wage breaches, payable to Mr Stalker, and ordered a $2,000 contribution to his costs.

The Authority declined at that stage to grant leave to pursue the director personally because the director had not been joined and the procedural basis for personal recovery had not been properly raised in the original application. It noted that a fresh application could be made if the company failed to pay and the statutory requirements were met.

Why this case matters

Stalker v Elevate Builders is a straightforward example of why wage problems and dismissal process should be examined together. Repeated non-payment can itself amount to unjustified disadvantage, while later allegations of performance or misconduct still require a fair disciplinary process before employment is terminated.

Employees in this position should preserve bank statements, payslips, timesheets, texts about hours and pay, the employment agreement, any termination message and evidence of their job search after dismissal. See also Unpaid wages, penalties and employer liability and Unfair dismissal.

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.