If you have been fired unfairly you may have a claim for compensation for unfair dismissal.
Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.
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.
We provide legal advice for personal grievances and wrongful or unjustified dismissal in NZ.
It’s an excellent idea to get legal advice from an Employment lawyer or Employment Advocate before starting a proceeding against your employer. Employment Advocates are experts in employment law, but the difference between lawyers and advocates is that 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.
Reinstatement can be considered as an option. There can be other solutions to your work problems, for example, a change of employment conditions such as working from home, transfer to another area or change of duties.
If you think reinstatement or other remedies could be an option for you, we can help you consider this range of possibilities.
Have you been unfairly dismissed?
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.
Because we only get paid if we win your case, we need to be selective about the cases we take on. It’s absolutely free to call us and discuss your situation. A free and confidential discussion will usually help you decide on your next move and clarify whether or not you have a solid case.
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.
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.
CONTACT US FOR A FREE CASE EVALUATION
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During Covid-19, while businesses are closed, please contact us via our webform. We will call or email you back between 9-5 weekdays.
What our clients are saying
I really appreciate what Andrea and Work Law did for me, they are the reason I can breathe easy again.
Had the help of Andrea from April 2020 up until the end of November 2020 with a very involved and stressful case against someone who was very difficult to deal with. Not only did she do her very best to understand all the details prior to asking for help from Work Law but also stayed completely up to date with the entire situation keeping me well informed throughout the situation. I felt that through her representation I was completely cared for and all my problems were brought to attention in a very accurate manner. I felt there was a lot of hard work put into my representation right through the entire process. In the end, we were able to come to a settlement, thanks to the great advice I received and that made me feel that I had walked away with a big win after almost an entire year of stress and emotional turmoil. I really appreciate what Andrea and Work Law did for me, they are the reason I can breathe easy again. I would highly recommend anyone to use their services!
Response from No Win No Fee
Thanks for the great feedback Jacinda. We appreciate you taking the time to share your experience. All the best for the future from Andrea and the Work Law team.
Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law
I’ve had the unfortunate experience of having to go through an employment dispute twice. The first time was painstakingly difficult and emotionally draining with the advocate I chose. This time I chose Work Law and got Jenifer Silva. Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law. Even with attempts at constantly delaying the procedure by one party, she knew how to handle it. She is also more than willing to go to the ERA and beyond if necessary. She is sometimes extremely straightforward and blunt, but you can be assured that she will stop at nothing to make sure you get a more than satisfactory result. Highly recommended.
Response from No Win No Fee
Thank you very much for the review Dean, we really appreciate it. All the best for the future from Jenifer and the team at Work Law.
Jenifer was super supportive and validating
Jenifer and the work law team were great. They were super supportive and validating through the stressful process and represented me justly. Thank you.
Response from No Win No Fee
Thank you for the great feedback. We are very pleased we could assist you with your employment law issues. All the best, from Jenifer and the Work Law team.