Unfair or unjustified dismissal is one of the most common employment disputes in New Zealand. If your employer didn't follow the right process, you have rights — and we'll enforce them.
In New Zealand, an employer must have a genuine reason for dismissal and must follow a fair process. If either of these requirements is not met, the dismissal may be unjustified — giving you the right to raise a personal grievance.
Your employer must have a good reason to dismiss you. Common valid reasons include serious misconduct, repeated poor performance after warnings, or genuine redundancy. If the reason doesn't stack up, the dismissal may be unjustified.
Even with a valid reason, your employer must follow a fair process. This means giving you notice of concerns, an opportunity to respond, and considering your explanation before making a decision. Skipping these steps can make an otherwise valid dismissal unjustified.
If your employer made your working conditions so intolerable that you felt you had no choice but to resign, this may be treated as a constructive dismissal — and you may have the same rights as if you had been formally dismissed.
A successful unjustified dismissal claim can result in reinstatement, compensation for lost wages from the date of dismissal, and compensation for hurt and humiliation. Act within 90 days of your dismissal.
Most employment claims must be raised within 90 days of the dismissal or action you are grieving. After this deadline, your options become very limited. If in doubt, call us today.
Call now — 021 025 54535Don't wait. You have 90 days from dismissal to raise a personal grievance. Call us today for a free assessment.
021 025 54535 Send a free enquiryThis service is provided by YourRights Employment Advocacy — New Zealand's employment advocate specialists.
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