Employment Law

Outcome: see the Authority's findings and orders in the embedded determination. After outlining three concerns about Mr Sinclair-Walker's work performance, Ms Buckingham told Mr Sinclair-Walker that he was dismissed for serious misconduct.

Unjustified dismissal upheld. Orders included $9,500 compensation, one week's wages (net, based on 40 hours), and a $500 penalty payable to the Crown.

Preliminary determination on time limits: the Authority held the grievance was raised within 90 days and the proceeding was within three years, and directed the parties to mediation.

Constructive dismissal upheld. Orders included $18,000 compensation, $62,831 gross wage arrears, repayment of a $3,730 unlawful premium, and $2,250 costs.

A practical summary of Payal v JB Hospitality Ltd [2026] NZERA 18. The ERA found constructive dismissal and ordered compensation, lost wages, wage and holiday arrears, and repayment of an unlawful premium payment.

In George King v Off the Wall Construction Ltd [2026] NZERA 14, the ERA held the 90-day trial was invalid because the employee had already worked (and been paid) before signing. The dismissal was unjustified and the Authority awarded lost wages and compensation.

Unjustified dismissal upheld on procedural grounds. Remedies were reduced by one third for contributory conduct, and wage/public holiday underpayments were ordered.

Summary of Hurikawa v Walton Mountain Ltd [2026] NZERA 8. The ERA found an unjustified dismissal and ordered lost wages ($6,656) and compensation ($15,000).