SINCLAIR-WALKER v ALERT MONITORING OTAGO (1994) LIMITED [2026] NZERA 29

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

Mr Sinclair-Walker was dismissed for alleged serious misconduct after performance concerns were raised. The Authority found the dismissal was unjustified and made orders for compensation and lost remuneration, as well as KiwiSaver and holiday pay arrears. A penalty was also ordered (split between the employee and the Crown). Costs were reserved.

Key case markers

• This determination comes from the Christchurch registry.
• The parties are SINCLAIR-WALKER (employee) and ALERT MONITORING OTAGO (1994) LIMITED (employer).
• Hearing date noted: 16 October 2025.
• Authority member: Peter van Keulen.
• Employment ended: 23 June 2024.

Key events described (as described by the Authority)

• After outlining three concerns about Mr Sinclair-Walker's work performance, Ms Buckingham told Mr Sinclair-Walker that he was dismissed for serious misconduct.
• The Authority's investigation [10] I investigated Mr Sinclair-Walker's employment relationship problem with Alert Monitoring by receiving written evidence and documents from him and holding an investigation meeting on 16 October 2025.
• Mr Sinclair-Walker was dismissed by Alert Monitoring on 23 June 2024.
• I agree with this assessment - Mr Sinclair-Walker's compensation for being unjustifiably dismissed is $25,000. 2 Stormont v Peddle Thorp Aitken Ltd [2017] NZEmpC 71, Waikato District Health Board v Kathleen Ann Archibald [2017] NZEmpC 132, Richora Group Ltd v Cheng [2018] NZEmpC 113.
• Alert Monitoring must pay Mr Sinclair-Walker $16,900 as lost remuneration from his unjustifiable dismissal.
• In a letter to Alert Monitoring dated 19 September 2024 Mr Sinclair-Walker's advocate requested a copy of Mr Sinclair-Walker' wages and time records.

Decision markers (as described by the Authority)

• The Authority found Mr Sinclair-Walker established a personal grievance for unjustified dismissal.
• Orders were made for compensation, lost remuneration, and employment standards-related amounts, plus a penalty.
• Costs were reserved.

Orders and payments mentioned

• Compensation (hurt and humiliation): $25,000.
• Lost remuneration: $16,900 gross.
• KiwiSaver: $763 (employer contribution).
• Holiday pay arrears: $3,076.33 gross.
• Penalty: $1,000 (split $500 to the employee and $500 to the Crown).

Read the full ERA determination (embedded)

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