Unfair Dismissal is where an employee is dismissed in a harsh or unreasonable manner

Basically, unfair dismissal is where an employee has been dismissed without a legal reason or formal process.

If you have been fired unfairly you may have a claim for compensation for unfair dismissal.

Work Law No Win No Fee Wellington Employment Law Advocates

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 after picking up the phone and getting some expert advice.

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.

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.

Reinstatement may be considered as an option. (Fees may apply if there is no financial compensation). 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.

Please 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.

 

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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.

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What our clients are saying

Jenifer has in-depth knowledge of employment laws

Rated 5 out of 5
May 25, 2021

Thank you Jenifer Silva and Work law Ltd. She is a great lawyer who has in-depth knowledge of employment laws. I highly recommend everyone who is facing any sort of issues with their employer get in touch with Jenifer. She’s been really supportive, kind and empathetic indeed with her prompt responses to all my queries that eventually helped me to achieve a highly satisfactory outcome. This would’ve not been possible without your endless assistance throughout. Thanks a lot once again Jenifer and the whole work law Ltd team.

Jai D.

Response from No Win No Fee

Thanks Jai for sharing your experience with Work Law, we appreciate the feedback so others can find the employment law assistance they need. Best wishes from Jenifer and the Work Law team.

Sandy helped me through a very difficult period

Rated 5 out of 5
May 20, 2021

Sandy was so so kind and approachable and helped me through a very difficult period. Thank you again!

Lelia

Response from No Win No Fee

Hi Leila, thanks for your review and thanks for choosing Work Law to assist you with your employment law needs. Best wishes from Sandy and the Work Law team.

Kam was an amazing lawyer.

Rated 5 out of 5
May 19, 2021

Kam was an amazing lawyer. Did everything she could for me, and when times got tough and I needed advice, she was there and put everything plain and simple. Explains everything in terms that I could understand and overall was amazing. Thanks Kam!!!

Cohan B.

Response from No Win No Fee

Thanks for the brilliant review. Best wishes for a bright future from Kam and the Work Law team.

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