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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Trustworthy

5.0 rating
July 11, 2020
Review of No Win No Fee

Thank you Work Law for your professional service with Employment issues & disputes. The advice & knowledge of your Advocates has been very helpful. I can highly recommend No Win No Fee-Work Law as a trustworthy company that gets results.

Sheree H.

Response from No Win No Fee

Thank you Sheree, you’re welcome to call us anytime you need employment law advice.

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.

 

What do you do if you’re fired or unfairly dismissed?

It is important that you seek legal advice if you believe that you have been fired or dismissed unfairly. You have up to 90 calendar days to act on the situation including raising a personal grievance. It is important you are taking these steps as soon as you have been notified that you are being fired or dismissed.

It is important that you have read and fully understood your employment agreement. To be aware of your rights is the first key step in knowing what you can and cannot do about being fired or dismissed from your position.

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.

Kam is respectful and professional

5.0 rating
July 14, 2020
Review of Kam Bailey

The team was very helpful. All my questions, concerns and comments were addressed with the utmost respect, urgency and professionalism. Thanks for the help.

A. Vaoga

Response from No Win No Fee

Thanks for the 5 star review, it was a pleasure working with you too. All the best from Kam and the team at Work Law

Very quick and effective

5.0 rating
July 13, 2020
Review of Kam Bailey

Work Law is a very good company with a great lawyer, they helped me out to sort out my issues with my employer in a very short time. The Lawyer responded to my emails very quick and effective. I recommend Work Law for you.

Walid M

Response from No Win No Fee

Thank you very much for your feedback, it was our pleasure. All the best from Kam and the team at Work Law

Emma went above and beyond

5.0 rating
July 13, 2020
Review of Emma Moss

Over a long battle I am happy with Emma and the service she provided. She was able to help me reach an agreement that I was able to live with. Emma went beyond and was able to be there for me out of her own time. Thank you again Emma

S. Richardson

Response from No Win No Fee

Thanks for the feedback, Samantha. All the best for the future from Emma and the team at Work Law.

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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Forced Resignation

If an employer puts pressure (directly or indirectly) on an employee to resign, or makes the situation at work intolerable for the employee, it may be a forced resignation or “constructive dismissal”.

A constructive dismissal – forced resignation is where:

  • the employer has behaved in a way deliberately aimed at causing the employee to resign
  • the employee is told to choose between resigning or being dismissed
  • there has been a breach of duty by the employer (i.e. a breach of the employment agreement or of fair and reasonable treatment) such that the employee feels he or she cannot remain in the job.

However, not all conduct that upsets an employee will be enough to lead to a constructive dismissal. The conduct must be sufficiently serious to justify the employee leaving his or her job. Also, there must be a substantial risk that the employee would leave his or her job as a result of the employer’s conduct, and this risk must have been reasonably foreseeable to the employer.

If an employee feels that they are being pressured to resign then best practice is to raise this with their employer so that there is an opportunity to discuss the issue and try to resolve it. If the matter cannot be resolved and the employee feels that they had no choice but to resign, then the employee can challenge the forced resignation by raising a personal grievance.

Always call us first, once you resign it is harder for us to get you a settlement.

 

If your boss asks you to resign, ask him/her to put it in writing eg a text or email. 

 

Have you already resigned?

If you can answer yes to the questions below, then you may have good grounds to to claim you have been constructively dismissed.

  • Did you really have no choice? 
  • Did you try everything you could to resolve the situation before resigning?
  • Do you have good evidence of what you claim as the cause of your resignation?

    Some other examples

    • If you are given the option to resign or be demoted
    • If you feel you are working in an Unsafe Workplace
    • Assault on an employee
    • Abuse of an employee

We are a No Win No Fee organisation. This means that we will only charge a fee if we are successful in obtaining a financial settlement for you in addition to other terms of settlement, e.g. written apology and reference, changed from being fired to having resigned. Contact us through our contact form. or call our helpline : 0800 NO WIN NO FEE

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Is your employer making you redundant?

Redundancy

If you are being made redundant give us a call and we'll check that your rights are being met.

Have you been made redundant due to Covid-19?

Covid-19 Subsidy:

The  Government has provided support in an attempt to keep as many New Zealanders in work as possible.  Unfortunately, this will not protect everyone from job loss.  It is not compulsory to apply for the subsidy, but if employers do apply, they MUST pass the subsidy on to their employees.

 If your employer has not applied for the subsidy and instead has told you you are redundant, they still need to follow the correct procedures.

If your employer is considering redundancy, you can ask if they have considered taking the government wage subsidy and paying you with that.

If your employer has received the subsidy for you, the government expectation is that you will remain in employment until at least the end of the subsidised period (end of June 2020).

There should be a genuine reason.

Sometimes employers use ‘Redundancy’ to dismiss staff when they don’t have grounds for dismissal.

If your employer is facing hardship they must enter into a consultation process where you are told your position could be made redundant and given the chance to provide feedback.  You can counter the proposal with your own suggestions such as taking a pay cut, leave without pay or changing the role to include other work.

If your employer says the business is struggling and if you are the only person who is facing the redundancy process then it may not be genuine.  Your employer can’t employ a new person to do the same job as you, but they may be able to combine two jobs.  They can’t make you redundant and then advertise for someone to fill your role.

It is a genuine redundancy if a person’s employment has been ended because their employer has decided, for ‘genuine reasons’ that the employee’s job is no longer needed. A ‘genuine reason’  could, for example, be that the employer is making changes to enable the business to operate more efficiently and cost-effectively; or closing down or selling the business.

Minor alterations to a job’s role and responsibilities should not be a reason for redundancy.

    Check your Employment Agreement

    What does it say about redundancy in your Employment Contract?  You should always make sure you are familiar with the terms of the employment agreement. This will usually have specific provisions dealing with the redundancy process and any entitlements.

    Redundancy Payments

    Under New Zealand law it is not compulsory for an Employer to pay redundancy compensation.  Check Your Employment Agreement:
    If your employment agreement mentions redundancy compensation, it will probably also show what the amount of compensation will be.  If there is no mention of the amount it could be up for negotiation.

    Notice of redundancy

    If there is no specific clause in an employment agreement giving a period of notice in a redundancy situation, ‘reasonable notice’ must be given. The length of ‘reasonable notice’ depends on a variety of factors, such as:

    • the reason for the redundancy
    • the employee’s length of service
    • the employee’s seniority and/or remuneration package
    • custom, practice and industry norms
    • the employee’s ability to find alternative employment
    • the amount of compensation being paid (if any).

    A ‘reasonable’ notice period is usually two weeks to a month.

     

    The decision must be about the position and must not be about an individual employee personally.  The employer cannot use redundancy as a means of getting rid of under-performing employees or disciplining employees for misconduct.

    When can a person be made redundant?

    1. The position must be superfluous to the employer’s needs.
      For example, where a larger number of employees are employed than necessary to operate the business efficiently, certain positions may be disestablished.
    2. The position must actually disappear. The employer cannot claim redundancy by changing a job description slightly or employing new employees to undertake the same or a similar position.
    3. The business is closing down

    What is the process for making a person redundant?

    Your employer must follow the proper process when they need to make you redundant.

    Restructuring or redundancy must be carried out in good faith and your employer must not mislead or deceive you.

    Your employer must;

    • Give you written notice of a discussion/meeting. The letter should say that the meeting is to discuss redundancy or restructuring ;
    • tell you the reasons for the proposed changes, and how they will affect your job;
    • consult with you and anyone else who may be made redundant;
    • give you a chance to get independent advice, and to have a representative or support person with you when you attend the meeting to discuss your possible redundancy or restructure;
    • consider your suggestions before they make any decision about their proposed changes; and
    • consider alternatives to making you redundant e.g. giving you a job elsewhere in the company or reducing the hours you work.

    If the redundancy is false and amounts to an unfair dismissal we can pursue a grievance on your behalf.

    We can help you with all aspects of redundancy.

    It’s free to discuss your situation with us.

    What does redundancy mean?

    To be made redundant from your job position means that your position is no longer needed in the company. Redundancy is a type of dismissal. This may be due to a company re-structure or shifts in the economy or job industry.

     

    What am I entitled to?

    Throughout the redundancy process as an employee, you are entitled to seek legal advice, negotiate and provide feedback to the employer.

    It is important that you have read and fully understood your employment agreement. Your notice period will be outlined in this agreement along with information regarding final pays. Generally, an employee will be paid our their annual leave once the redundancy has been finalised.

    What is the redundancy process?

    Your employer must notify you in writing that your position may be up for redundancy. You should be supplied with a letter/notice of redundancy that asks you to attend a meeting with your employer.

    The employer must explain the situation to you and give you adequate time to process the news, seek legal advice and provide feedback. Feedback can be where the employee offers a reduction in hours, pay or other factors of your role. Although this may not save your job, it is a good chance to negotiate your redundancy in the case these offers change anything on the employers’ end.

    Once you (the employee) has had the opportunity to provide feedback and seek legal advice the decision now sits with the employer. You will receive confirmation of your redundancy and you will start working out your notice period (check your employment agreement).

    What our clients are saying

    Kam is respectful and professional

    5.0 rating
    July 14, 2020
    Review of Kam Bailey

    The team was very helpful. All my questions, concerns and comments were addressed with the utmost respect, urgency and professionalism. Thanks for the help.

    A. Vaoga

    Response from No Win No Fee

    Thanks for the 5 star review, it was a pleasure working with you too. All the best from Kam and the team at Work Law

    Very quick and effective

    5.0 rating
    July 13, 2020
    Review of Kam Bailey

    Work Law is a very good company with a great lawyer, they helped me out to sort out my issues with my employer in a very short time. The Lawyer responded to my emails very quick and effective. I recommend Work Law for you.

    Walid M

    Response from No Win No Fee

    Thank you very much for your feedback, it was our pleasure. All the best from Kam and the team at Work Law

    Emma went above and beyond

    5.0 rating
    July 13, 2020
    Review of Emma Moss

    Over a long battle I am happy with Emma and the service she provided. She was able to help me reach an agreement that I was able to live with. Emma went beyond and was able to be there for me out of her own time. Thank you again Emma

    S. Richardson

    Response from No Win No Fee

    Thanks for the feedback, Samantha. All the best for the future from Emma and the team at Work Law.

    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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