Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results for disciplinary
![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.
What the New Zealand Employment Court does, how a de novo challenge differs from an ERA investigation, key procedural stages and what parties should expect when preparing for a hearing.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
Suspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.
A performance improvement process should identify genuine performance gaps, set clear and reasonable expectations, provide appropriate support and a real opportunity to improve before dismissal is considered.
