So you’ve been fired. Is the dismissal an unfair dismissal?
What is an unfair dismissal in NZ, what rights do you have as an employee to fight an unfair dismissal. Now an unfair dismissal could be a dismissal under the 90 days, a redundancy or for alleged misconduct. Either way you need to consider if you want to obtain legal advice by using or first consultation free service to access your claim.
Below is an overview of a suggested process on redundancy and dismissals, read this to see if your dismissal is unfair. We are based in Christchurch but can offer you some advice by phone if required.
Every employee is entitled to challenge a dismissal, this could be a dismissal for redundancy or misconduct. During this process you can be represented by a Barrister, Union, Solicitor, Employment Lawyer or Employment Advocate.
First, the employer must show that it was substantively justified in reaching its decision. (the reason why you were fired) Second, it must establish that it carried out the dismissal in a procedurally fair manner. (how it conducted itself to reach it decision, eg meetings or investigations). The employer must also ensure that any dismissal is not coerced or forced; this type of forced resignation comes under the definition of a constructive dismissal NZ uses. For a dismissal to be substantively justified a range of reasons may be relied upon. These include:
- Poor performance
- Serious misconduct
- Misconduct after warnings
- Medical grounds
- Abandonment of employment
Unfair Dismissal claim
You can be assured of confidential advice from experienced employment advocates. We are specialists in providing employment advice for employers and employees. You will receive honest opinions put in plain language that you will understand.