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.

 

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.

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

Couldn't be happier with how it all worked out!

5.0 rating
September 24, 2019
Review of Andrea Kelleher

I was lucky enough to have help from Andrea, she was so polite, helpful and made sure that I understood certain aspects to what was going on with the work she helped me with. I couldn’t have asked for a more easier and awesome process, couldn’t be happier with how it all worked out! Thank you heaps! Daniel

Daniel Marinov

Sandy's an Angel

5.0 rating
September 9, 2019

I was having a terrible time at my workplace. Sandy was one of the angels that helped me survive the whole ordeal, she had all the knowledge and experience needed to help, got straight onto my employers and had things settled so quickly. I am very thankful.

Stephanie B

 

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