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Results for employee contribution
![Sinclair-Walker v Alert Monitoring Otago (1994) Limited [2026] NZERA 29 - unjustified dismissal; $25,000 compensation and $16,900 lost remuneration](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.
George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.
DD Group Holdings relied on a 90-day trial clause to dismiss Kelly Wilkins, but she had already begun paid training before the employment agreement containing the clause was signed. Her own conduct was also relevant to remedies.
A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.
Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.
Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.
Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.
Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.
