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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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.

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

They can, and will help!

Rated 5 out of 5
March 16, 2018

My experience with WorkLaw has been both positively uplifting and financially successful.
My need for a fair and impartial advocate was necessary after the company I worked for exceeded their boundaries and I was left without a job and with no real understanding of how things could have gone so wrong and so quickly.
WorkLaw were sympathetic to my situation and I immediately realised that with their legal knowledge and their support I had a real chance of being treated in a much fairer manner than I had previously experienced.
And so it proved to be.
WorkLaw entered into negotiations with the company which had dismissed me unjustifiably and within a few minutes of discussion the expertise of my advocate, Ken Usmar, convinced them of their legal responsibilities and their attitudes changed completely.
Once Ken had promoted my case and my concerns to the business involved it was plain sailing. An agreement was made and I was paid a settlement amount along with certification for the years that I had been employed by the company and I haven’t looked back.
My experience with WorkLaw not only provided me with a fair and reasonable financial settlement without the need to proceed to Employment Court, but also restored my faith in a system which is designed not to hinder but to assist employees when they have not been treated lawfully.
My recommendation to anyone who finds themselves in an employment situation that requires knowledge, understanding, and expertise : contact WorkLaw – they can, and will, help.
My appreciation for their assistance is very high.
Regards,
Shayne Lyons. (Waihi).

Shayne Lyons

Thank You Kam

Rated 5 out of 5
March 15, 2018

Just want to say a big thank you to Kam Bailey – she is an amazing and very experienced employment advocate. I rang several employment lawyers and advocates before I talked to Kam – out of all of them, she was the one who listened to me from the beginning and really took the time to understand my situation. Even when paying for my advocate’s fees she took into consideration my financial situation as I’ve had to resign from my job due to a very unfair work situation. She did an outstanding job representing me at mediation. I’m very grateful for her assistance and would highly recommend her to my friends and relatives.

QZ - Auckland

Outstanding Job

Rated 5 out of 5
March 15, 2018

Just want to say a big thank you to Kam Bailey – she is an amazing and very experienced employment advocate. I rang several employment lawyers and advocates before I talked to Kam – out of all of them, she was the one who listened to me from the beginning and really took the time to understand my situation. Even when paying for my advocate’s fees she took into consideration my financial situation as I’ve had to resign from my job due to a very unfair work situation. She did an outstanding job representing me at mediation. I’m very grateful for her assistance and would highly recommend her to my friends and relatives.

QZ

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