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.
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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Kam was amazing to work with. I read through the reviews and was already aware that I was in the right hands. She showed a lot of empathy and patience through out the whole progress. I feel at ease now.
Thank you Kam and team.
Kam Bailey was the hero I needed.
She showed deep kindness towards her clients and everyone else that was invovled. She was respectful, patient and always made sure that we were all comfortable through out the whole process. Thank you for treating me like a human Kam, also for making me feel heard and being the voice for me when I was too afraid to defend myself. You truely are the best.
Kam Bailey was such a pleasure to work with. I engaged Kam to help me put right, what I knew to be wrong, and I was grateful she accepted our case. The outcome was successful for us in many ways including psychologically, and with it came closure and a welcome sense of relief. It’s not okay for any employer to think they can make up the rules and get away with it. We wanted to use our experience to expose the employer and create awareness for others, but the resolution system demands confidentiality and I think this area needs improvement in some way. Throughout the lengthy ordeal, Kam has been attentive, understanding, reassuring, and calming, and our result was pleasing. I thank you Kam for helping us the way you did. I wish I could say more but I don’t want to be in breach. You are an angel and I thank you for doing what you do in the way that you do. May God bless you and keep you.