You’re fired! Sacked or dismissed

If you’re fired or unfairly dismissed

Find out what your rights are as an employee to fight unfair dismissal.

Have you been Fired, Sacked or Dismissed on the Spot?

This just shouldn’t happen under New Zealand Employment Law.

If your boss has fired or sacked you without warning you are likely to have a case and we can arrange to talk with your employer about a financial settlement or represent you at mediation or employment court.

The experience of losing your job is likely to be an unpleasant one and you will likely be very upset.   We are great listeners, and you will feel better for picking up the phone and getting some expert help.

Do you need an Employment Lawyer?  We do have an Employment Lawyer on our team who you can hire at an hourly rate.  However we have a mixture of Employment Lawyers and Advocates, our whole team are Employment Law Experts, so you will be in good hands.

One of the biggest differences between lawyers and advocates is the way they charge for their services.  Advocates can work on a contingency fee, which is commonly referred to as “no win – no fee”.  This means if we take on your case we will charge you a percentage of any payout you receive. If you lose the case, you pay nothing.

We are Employment Advocates.  We only get paid if we win your case.  This means we need to be selective about the cases we take on.  It’s absolutely free to call us and discuss your situation.

80% of cases are resolved prior to or during mediation.  

If you are unsure whether or not you have a case just give us a call to discuss your situation.

Note: If you were violent or very abusive in the workplace, an employer is very likely to be justified in firing you and asking you to leave immediately, and it is unlikely we will be unable to assist.

Phone us on 0800 NO WIN NO FEE (0800 669 466) or fill in our form.

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I was in a very difficult and sensitive situation

5.0 rating
September 30, 2019
Review of Kam Bailey

I was in a very difficult & sensitive work situation. After contacting a couple of other services with no reply it was Kam from Work law who took on my case & managed everything for me. I was kept well informed a long the way & Kam quickly reached a positive result for me & my employer, amazing!. I really appreciate the work Kam & the Work law team have done. Highly recommended ;0)

Christian McLay

Dismissed During your Trial Period?

DISMISSED IN YOUR TRIAL PERIOD?

Both employers and employees have rights under the trial period law

Can you still have a case for unjustified dismissal if you are terminated under the 90-day trial period?

Changes to trial periods

After 6 May 2019, only businesses with less than 20 employees will be able to use the 90-day trial period. 

If your employer gave you an agreement but didn’t tell you there was a 90-day trial provision, (depending on the circumstances) – you may be able to raise a claim for unjustified dismissal.

If you started work before you signed an agreement (which contained a 90-day trial provision) – you may be able to raise a claim for unjustified dismissal.

If your employment agreement fails to appropriately specify when your 90-day trial period started – you may be able to raise a claim for unjustified dismissal.

There are also some general good faith obligations:
Your employer still has an obligation to ensure that you have the tools and equipment to do your job and provide any training or coaching that is appropriate to ensure you’re successful in your role. If there are issues or concerns with any element of your employment, your employer has an obligation to ensure that they’ve raised them with you and given you the opportunity to rectify any concerns.

* There is a catch though – if you believe you have a claim – you need to ensure you raise it no later than 90 days after the termination of your employment.

So if you’ve been terminated under the 90-day trial provision in your agreement and your employer hasn’t followed the correct process, give one of the team at WorkLaw a call  on 0800 669 466 , or email us via our contact form and we’ll see what we can do to help.

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What do I do if I have been fired?

Click here for our online form, this will help us send your case to the right advocate for you and your case. Please take your time and supply all contact details, this will enable us to help you.

Download our What Do I Do Now Checklist (see below)

“What do I do if I’ve been fired?”

  1. contact-usContact Us
     
  2. If you have just been fired or dismissed and you have no secured future income there are a few steps that you should take immediately to reduce your stress both financially and emotionally. If you have no money in the bank, ring the bank and stop all automatic payments, if there is no money in the bank you could incur fees of up to $25 per payment going out, this is just more money that you don’t have.

     

  3. Contact the people that these payments go to and explain your situation.

     

  4. Contact your land lord and explain your situation.

     

  5. Book an appointment with your doctor if you are extremely distressed or have any symptoms such as; Difficulty sleeping, anxiety, depression, panic attacks etc…Please get a letter from your doctor explaining what you have visited him for, this will be added to your case file and will become part of your stress and distress claim.

     

  6. Contact and visit income support, the sooner that you register for unemployment benefit, the sooner you will be eligible for payment. If we achieve compensation we will usually settle under a tax free and tax exempt section of the act, this will not, in this case have any effect on your benefit.

     

  7. Cancel any unnecessary luxuries that will get you further into debt.

     

  8. Keep any and all evidence of attempts to look for work, loss of earnings can only be claimed (Unless you are unwell) if you have been actively looking for work.

     

  9. Contact friends or family for support to help get you through.

     

  10. Exercise even if you don’t feel like it, it will make you feel better and help you think clearly.

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