Unjustified Dismissal

UNFAIR DISMISSAL

If Your Dismissal Seemed Unfair There’s A Good Chance It Was.
You Need Legal Advice From An Employment Law Specialist Now.

Have you been unfairly dismissed?

We provide legal advice for personal grievances and wrongful or unjustified dismissal in NZ.

What is fair depends on the circumstances.  Any relevant provisions in the employment agreement must be followed.

If an employment agreement does not have a notice period, then reasonable notice must be given.

Employees have the right to be told what the problem is and that dismissal or other disciplinary action is a possibility. Employees must then be given a genuine opportunity to tell their side of the story before the employer decides what to do.

Employees have the right to be supported at a disciplinary meeting by an advocate or support person and there must be sufficient time to organise such representation and prepare for the meeting.

The employer should investigate any allegations of misconduct thoroughly and without prejudice. Unless there has been misconduct so serious that it warrants summary dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve.

If an employee is dismissed, he or she has the right to ask the employer for a written statement of the reasons for dismissal. This request can be made up to 60 days after they find out about the dismissal. The employer must provide the written statement within 14 days of such a request. If the employer fails to provide this written statement, the employee may consequently be able to raise a grievance after the required 90 day limitation period.

If you think you have a case for unjustifiable dismissal contact us using our contact form, giving us as much information as possible and one of our Advocates will be in touch.

 

From Our Clients

Thousands of employees and employers have trusted us us to help with their employment issues, here are reviews from a handful of them.

Big respect

5.0 rating
August 3, 2020
Review of Kam Bailey

Absolutely amazing workers, big respect to Kam Bailey couldn’t recommend these people more.

Sam

I was feeling overwhelmed, but Kam explained my options

5.0 rating
July 31, 2020

I was very thankful for Kam Bailey’s help with my employment issue. I was feeling overwhelmed but wanted to confirm that I had options. Kam was very straight forward and explained things well. She then put into action what we decided and I was happy with the outcome. I definitely felt that she was working for me. Thanks Kam for your help.

Jane C.

Brilliant communication from Kam

5.0 rating
July 31, 2020
Review of Kam Bailey

Brilliant communication by Kam, and an excellent result. Thanks for your help.

Paul W.

CONTACT US FOR A FREE CASE EVALUATION
LET’S GET LEGAL

Statistics prove that legal representation improves your chance of a successful outcome. Don’t hesitate, you have nothing to lose by having a free chat with one of our experts.

You can Call us or Email Us using the phone number or the form below. 

CONTACT FORM

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Written Warnings

The purpose of a written warning or a verbal warning is to prevent re-occurrence of the inappropriate behaviour/misconduct. The emphasis should be on what you have done wrong and what you should do to resolve it.  Written or verbal warnings are a opportunity to clear up the problem and set the worker on the right track. A verbal warning should be given in private.  

If you are given a Verbal Warning take careful note of what was said, by who, where you were and who else was there. 

What to do if you get a written warning?

If your employer is unhappy with your performance or something you have done at work, they may give you a warning.  The purpose of a warning is to warn you about your actions and allow you to improve your behaviour. A warning can be verbal or in writing.  Your Employer should give you information outlining the issue/incident or problem and give you a chance to respond.  More particular rules about warnings may be in your employment agreement.

A Written Warning Can Escalate Quickly to Disciplinary Meetings or Dismissal

A Written Warning Can Escalate Quickly to Disciplinary Meetings or Dismissal

Did you know you don’t necessarily get 2 warnings?

Often people think the law says that a person must receive two warnings before they can be dismissed. Actually, the law doesn’t have any such requirement. However, on the grounds of fairness, you should expect to receive some warning or warnings (verbal and/or written) before being dismissed (unless the issue is serious misconduct). Your employer will keep a record in your employment file of any warnings you are given .  It is common to have a limit on how long those warnings stay in your file – usually no more than 12 months.  

And Often The Next Step Is A Disciplinary Meeting And Dismissal

We don’t want to scare you but quite often, especially if you are up to the second one, a Written Warning is just the first step in the dismissal process.   Unfortunately at times the writing is on the wall and the employer is actually going through the motions to dismiss you.  You should call us for advice, we can talk about what is going on, and advise you on how to handle the situation.  We can represent you (for an hourly rate) if you want to keep your job, or we can start negotiations for an exit package if you feel things have gone too far.   

Don’t Panic, and Don’t Resign!  Get In Touch, it’s what we’re here for, call 0800 NO WIN NO FEE or complete the form below.

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Disciplinary Meetings

Have you been given notice of a disciplinary or investigation meeting?

Quite often a disciplinary meeting can result in you losing your job. Particularly if it says so in the letter you have received from your employer.   If this is a risk you should consider taking an employment lawyer or advocate with you.

Please watch the above video where Kate from Work Law offers some simple pointers about how to approach a disciplinary meeting.

At all times it is best to attend these meetings with an employment lawyer or employment law advocate who can help you avoid the problems at these meetings.

You should contact us immediately when you receive notice of a disciplinary meeting so that our advocate can arrange for the meeting to take place at a time convenient to all.

Your employment law advocate will help you prepare beforehand and have a defence to the accusations as well as ensuring the disciplinary meeting proceeds fairly and with proper consideration of your rights.  Your advocate will also advise you on the possibilities of an exit package or grievance that may arise from the disciplinary meeting. They will also be able to advise on solutions to problems that gave rise to the disciplinary meeting including staff relocation and rearrangement of duties.

The advocate can guide you through the meeting and speak on your behalf as appropriate. We can advise you on your options before, during and after the disciplinary meeting.

You should be told in advance if the meeting is going to be disciplinary.

You should be told what the meeting is about and how serious the outcome could be, so you can prepare and get support.

If you are called to a disciplinary meeting you have the right to refuse to go ahead with the meeting until you have a support person. If your support person hasn’t had time to prepare, then the meeting must be rescheduled.

A Disciplinary Meeting can often be a great opportunity to turn things in your favour. 

They can sometimes be an opportunity to negotiate an exit from what has become an unhappy situation for both the Employer and the Employee.

Disciplinary meetings often open up the way to other employment solutions. The advocate can advise and assist you with these. With an advocate, disciplinary meetings will be much easier and less stressful. With our help, a disciplinary meeting can often lead to a better employer/employee relationship in the long-run.

The seriousness of the disciplinary action must reflect the seriousness of your actions: the punishment must fit the crime. Any disciplinary action, such as a warning, or dismissal, must be the same action taken against other workers who have done the same thing in the past. You cannot get a harsher punishment than another worker for doing the same thing.
Contact us as soon as you are advised of a disciplinary meeting – we can help.

Never attend a disciplinary or investigation meeting without calling us first.

If you have attended a disciplinary meeting and you are unhappy with the outcome you may be entitled to raise a personal grievance.

What is a disciplinary meeting at work?

A disciplinary meeting is an opportunity for you to explain your version of the events that have led to an investigation of misconduct at work.  There should be a good reason for a disciplinary meeting and the process of the disciplinary action should follow what is outlined in your employment agreement or your workplace’s policies.

What happens at a disciplinary meeting?

Before the meeting, your employer should give you a letter explaining what the disciplinary meeting is for. If the outcome of the disciplinary meeting could be that you lose your job it should say that in the letter. You should have time to find an employment lawyer or employment advocate to get legal advice, and you should be aware that you can bring a support person. At the meeting, you will be given an opportunity to explain your side of the story. Your support person, employment lawyer or employment advocate can speak on your behalf.  You will be able to provide evidence to support your side of the story.  Your employer should carefully consider your responses before making any decision. The outcome should not be pre-decided. Click here for more info on what to expect at a disciplinary meeting.

What to say at a disciplinary hearing

A disciplinary meeting or hearing is your opportunity to put your side of the story forward.  You should be told before the meeting what the problem your employer wishes to discuss is. It’s a good idea to prepare your responses in writing. You can ask your support person to speak for you. If you have any questions about what you are accused of doing you can ask them. You can ask to see the evidence or witness statements. You can provide your own evidence or witness statements to show your side of the story. Remain polite and calm.

What our clients are saying

Big respect

5.0 rating
August 3, 2020
Review of Kam Bailey

Absolutely amazing workers, big respect to Kam Bailey couldn’t recommend these people more.

Sam

I was feeling overwhelmed, but Kam explained my options

5.0 rating
July 31, 2020

I was very thankful for Kam Bailey’s help with my employment issue. I was feeling overwhelmed but wanted to confirm that I had options. Kam was very straight forward and explained things well. She then put into action what we decided and I was happy with the outcome. I definitely felt that she was working for me. Thanks Kam for your help.

Jane C.

Brilliant communication from Kam

5.0 rating
July 31, 2020
Review of Kam Bailey

Brilliant communication by Kam, and an excellent result. Thanks for your help.

Paul W.

CONTACT US FOR A FREE CASE EVALUATION
You can trust us to listen

Statistics prove that legal representation for employees  by an employment lawyer or employment law advocate improves your chance of a successful outcome. You have nothing to lose by having a free chat with an Employment Law Advocate.

You can email us using the form below.   When you receive the automated reply to your email please reply with any correspondence you have received from your employer regarding your job loss. 

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