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.

Helped with my son's unfair dismissal

5.0 rating
September 8, 2019

My son was unfairly dismissed from his workplace and reticent to take action against the company as he felt he had no power. Worklaw informed him of his rights and with their representation he successfully proceeded with an unfair dismissal case. Worklaw were extremely professional and got the job done. Well impressed.

Brenda Rae Kidd

I was well represented

5.0 rating
September 7, 2019

I found myself in a position never before experienced and the Nelson/ChCh team were amazing with advice and help. I was well represented here in ChCh – with a wonderful outcome under the circumstances and would not hesitate to recommend Work Law to anyone left in a similar position

Gillian H

On the ball the whole time

5.0 rating
September 5, 2019

Shayne and her team were fantastic, she was on the ball the whole entire time, always communicated with me throughout the whole process. I couldn’t have asked for a better team to represent me. Thank you for everything.

Heta T

 

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