Unfair Dismissal in New Zealand – Know Your Rights & Get Help

Been fired unfairly? You have 90 days to act. Get free advice now.

Unfair Dismissal New Zealand

IMPORTANT: You Have 90 Days to Act

If you’ve been dismissed unfairly, you have 90 days from your dismissal date to raise a personal grievance. The sooner you get advice, the stronger your case.

Free Advice Line: 0800NOWINNOFEE

Real Unfair Dismissal Cases We’ve Helped With in NZ

Unfair dismissal isn’t always straightforward. It can arise from disciplinary processes, restructures, or situations where employees are forced to resign. Here are some real examples of unfair dismissal outcomes we’ve achieved:

Dismissed on the spot with no process → $34,500 settlement

Dismissal Without Any Fair Process

An employee was dismissed on the spot following an altercation with their supervisor, with no investigation or disciplinary process carried out. The employer initially maintained there was no valid claim and offered a settlement of just $5,000.

We challenged the lack of due process and raised a personal grievance. After ongoing negotiations and formal mediation, the matter was resolved with a total settlement of $34,500.

Made redundant without genuine redeployment → $15,500 compensation secured

Unjustified Redundancy and Failure to Redeploy

An employee in a part-time role was affected by a restructure where a full-time version of their position was created. Despite being capable of performing the new role, they were not offered redeployment and were instead told to apply for it alongside external candidates.

We challenged the fairness of the process and raised a personal grievance. The matter was resolved with compensation of $15,500.

Forced to resign after sustained pressure and unfair treatment → $14,000 settlement

Constructive Dismissal Following Sustained Pressure to Resign

An employee was induced to accept a role based on promises of KPI-based career progression that did not exist. When they raised concerns, they were subjected to ongoing pressure, including disciplinary action, unrealistic response timeframes, and an ultimatum to resign or face further investigation.

The employee was ultimately forced out of their role following a pattern of bullying, procedural unfairness, and failure to act in good faith. We raised a personal grievance for constructive dismissal, and the matter was resolved through negotiation with a settlement of $14,000.

Disciplinary process dispute with mixed responsibility → negotiated exit of $4,500

Disciplinary Process and Managed Exit

An employee became involved in a disciplinary process following internal concerns raised by their employer. Communication around the process was unclear, including conflicting instructions about whether the matter could be discussed and uncertainty regarding the scheduled meeting.

Access to work systems was subsequently restricted, and the situation escalated into a breakdown in working relationship. A personal grievance was raised in relation to disadvantage during employment.

Given the circumstances and contributory factors on both sides, the matter was resolved through negotiation with an agreed exit payment of $4,500.

Not all employment disputes result in a financial settlement. In disciplinary or performance processes where the priority is retaining employment, we also offer representation on an hourly rate basis.

Am I Eligible? Quick Checklist

Check all that apply to your situation:

If you checked any boxes above, you may have a case for unfair dismissal.

What Is Unfair Dismissal in New Zealand?

Unfair dismissal (legally called “unjustified dismissal”) happens when your employer fires you without following proper legal processes. This includes:

1. Dismissal Without Valid Reason

Your employer must have genuine, work-related reasons to fire you.

2. Unfair Process

Even with valid concerns, employers must:

  • Give you clear warnings
  • Allow you to respond
  • Follow their own policies
  • Make decisions a “fair and reasonable employer” would make

3. Constructive Dismissal

When you’re forced to resign because your employer made your job unbearable through:

  • Bullying or harassment
  • Unsafe working conditions
  • Major changes to your role without consultation
  • Isolation or mistreatment

Learn more about constructive dismissal on our dedicated page.

If something feels wrong about how your job ended, get advice. Unfair dismissal is legally called “unjustifiable dismissal” under New Zealand law, contact us. We can quickly confirm your options.

Your Rights as an Employee in New Zealand

  • Right to be informed – Your employer must explain why dismissal is being considered.
  • Right to be heard – You are entitled to present your side before a decision is made.
  • Right to fair treatment – Meetings, notice, and alternatives must be handled fairly.
  • Right to challenge – You may take action through mediation, ERA, or the Employment Court.

Your Next Steps (Don’t Wait!)

Step 1: Get Free Legal Advice (Within 24 hours)

  • Gather Evidence: Collect any relevant correspondence and evidence to support your claim
  • Call: 0800NOWINNOFEE
  • Online: Submit your case details
  • We’ll review your situation and tell you if you have a case

Step 2: We Handle Everything

  • We’ll explain your rights and walk you through your options.
  • We contact your employer on your behalf to raise a personal grievance, apply for mediation, or negotiate a fair outcome based on the evidence we provide.
  • We prepare the necessary documentation and guide you through each step.
  • We represent you in discussions or mediation so you don’t have to face your employer alone.
  • Everything remains confidential.

Step 3: Resolve Your Case

  • 90% of cases settle through negotiation or mediation
  • No upfront fees – you only pay if we win*
  • Quick resolution – Cases are usually resolved within weeks, though some can be settled in a matter of days.

Early Resolution: It’s common for cases to be resolved through settlement agreements reached before formal mediation even begins. We often negotiate directly with employers on your behalf, and when both parties agree, these settlements are documented and legally binding – saving you time and getting results faster.

How our No Win No Fee Service for Unfair Dismissal works

  • Free Case Review – We assess your situation and confirm if you have a valid unfair dismissal claim.  We will inform you of your options and next steps.
  • Employer Contact – You don’t need to deal with your employer directly; our expert employment advocates handle all communication on your behalf.
  • Resolution Focused – Most unfair dismissal cases are resolved quickly through negotiation or mediation.
  • Next Steps if Needed – If fast resolution isn’t possible, and if we don’t settle at the mediation stage we can represent you at the Employment Relations Authority (ERA) or in Court (fees apply).

Our Fees

  • Mediation cases: No fee unless we win*
  • Fee recovery: We always try to get a contribution to our fees from your employer as part of any settlement
  • Court cases: We discuss fees upfront (rare – most cases settle earlier)

*Conditions apply – we’ll explain everything clearly

Frequently asked questions about Unfair Dismissal

How do I know if I’ve been unfairly dismissed?
If you were fired without clear warnings, no opportunity to respond, or for unclear reasons — it could be unfair.
Can I be fired during a 90‑day trial period?
Yes, but the dismissal still must be in good faith and follow a fair process. If it felt unfair or retaliatory, you may still have a case.
What happens if I win my case?
Possible remedies include compensation, lost wages, a contribution to legal fees, and often a neutral reference or non‑disparagement.
Is everything confidential?
Yes. Everything we do on your behalf is private, and we act in your best interests at every step.
What is the average unfair dismissal payout in New Zealand?
Compensation for hurt and humiliation is often $5,000–$15,000. Total outcomes (including lost wages) can be $12,000–$25,000 or more, depending on the case. Higher earners and those with longer service periods may receive larger settlements.
What are the grounds for instant dismissal in New Zealand?
Only serious misconduct (e.g., violence, bullying/harassment, theft/fraud, endangering health and safety, serious agreement breaches). A fair process is still required.
What is constructive dismissal in New Zealand?
When an employer’s actions or failures make work so difficult you have no real option but to resign. Examples include unaddressed bullying, unsafe conditions, demotion or excessive discipline without cause, false accusations, major role/condition changes without consultation, or other serious breaches. You may raise a personal grievance.
How many warnings before dismissal in New Zealand?
There’s no fixed number. What matters is whether the process and decision were fair and reasonable. Progressive discipline is common, but serious misconduct can justify summary dismissal after a fair investigation and a chance to respond.
How long do I have to raise a personal grievance?
Generally 90 days from the issue or when you became aware of it. Limited extensions may apply in exceptional cases — get advice promptly if you’re close to the deadline.
Do I need a lawyer for unfair dismissal, or can I use an employment advocate?
Either can represent you. Choose someone with strong employment expertise, clear fees, and good communication.
How long does an unfair dismissal case take?
Many matters resolve at or before mediation within weeks; some settle in days. Complex cases or ERA proceedings can take longer. Early advice and good evidence help.
What evidence do I need for an unfair dismissal case?
Emails, texts, letters, meeting notes, employment agreements, payslips, and policies. We often suggest forwarding key work emails to a personal account or making copies while you still have access, as many people are locked out after dismissal.
Can I be dismissed while on sick leave or parental leave?
Only for genuine, fair reasons unrelated to the leave, and with proper process (e.g., genuine redundancy or proven serious misconduct). Dismissing someone because they’re on leave is unlawful.
Can I claim unfair dismissal if I resigned?
Generally, resigning means you give up an unjustified dismissal claim. Never resign without legal advice. The exception is constructive dismissal (where the employer’s conduct left no real choice but to resign).

Don’t Face This Alone – Get Free Advice Today

Losing your job unfairly is stressful enough. You shouldn’t have to fight your former employer alone.

Free Advice Line 0800 NOWINNOFEE
Submit your case online – We’ll review your unfair dismissal case and respond within 24 hours.

At No Win No Fee NZ, our employment advocates represent workers across the country in unfair and unjustifiable dismissal claims.
With our No Win, No Fee model, you only pay if we succeed.
We specialise in cases where good employees have been treated unfairly. During your free consultation, we’ll honestly assess whether you have a strong case worth pursuing.

Legal Disclaimer: *No fee if your case doesn’t settle at mediation. Terms and conditions apply – we’ll explain everything clearly during your free consultation.
This information is general in nature and should not be considered specific legal advice.
Individual circumstances vary, and you should seek professional legal advice for your particular situation.
No Win No Fee NZ are employment law advocates who can represent you at mediation, the Employment Relations Authority, and Employment Court proceedings.

CONTACT US FOR A FREE CASE EVALUATION
You can trust us to listen

Statistics prove that legal representation for employees  by an employment lawyer or employment law advocate improves your chance of a successful outcome.

You have nothing to lose by having a free consultation with an Employment Law Advocate.

You can email us using the form below.   When you receive the automated reply to your email please reply and attach any correspondence you have received from your employer. 

What Our Clients Say

We’re proud to have helped thousands of employees across New Zealand stand up for their rights. Here’s what some of our clients had to say.

Thanks to Hilary for a great outcome.

09/05/2026

I reached out to Hilary at Work Law after looking for an ELINZ registered advocate and she exceeded every expectation. She got in touch quickly, immediately understood the value of my case, and clearly explained what I needed to provide.

Hilary put in countless hours reviewing my documents and preparing a personal grievance claim. Her communication was consistent, honest, and down‑to‑earth.

Thanks to Hilary’s expertise and hard work, I had a great outcome, my family and I are so grateful!

Aleisha A.
Verified

Hilary was strategic, clear and logical in her approach.

08/05/2026

Hilary handled my case with great care and professionalism, especially during a very stressful moment in my life. Throughout the process, she was very strategic, clear and logical in her approach, which gave me a lot of confidence.

I am grateful for her support and would highly recommend her services to anyone looking for trustworthy, high level representation.

Ethan H.
Verified

I recommend Hilary.

01/05/2026

Since the beginning, Hilary was kind and professional with communications, always clear and happy to clarify any doubts. She guided me through the process explaining expectations and timelines with excellent skills for negotiation. I am very grateful for her services and the outcome and really recommend her.

Ace
Verified
See all reviews

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