FAQ

Were You Dismissed Unfairly or Wrongfully? Knowing the Difference

Do you feel that you have been unfairly dismissed or wrongfully terminated? Do you just want a fair shake but are unsure where to turn?

These days, employment law can be incredibly tricky to navigate. You’ll want the right team of qualified, knowledgeable employment advocates on your side to help you through the legal process, start to finish.

Good news: we are here to support you.

From the moment you lodge a personal grievance right through to the settlement phase, our dedicated team of employment professionals is here for you every step of the way. If necessary, we can defend you in your workplace and all the way to your disciplinary hearing or mediation. We will tirelessly stand up for your rights at all stages of your claim.

You only have 90 days from the end of your employment to raise a personal grievance with the employer. A crucial part of this task is understanding the difference between unfair dismissal and wrongful termination.

Our employment advocates have unparalleled knowledge of both statutory and contract law, with a specialty in NZ Employment Law. We have the experience to assess the specifics of your situation so we can advise you correctly and concisely. You can trust in our outstanding track record of defending clients with all types of employment claims. We’ve built a solid reputation through a consistent stream of proven results.

If you feel that all or any combination of the following apply to your situation, you may be entitled to substantial compensation:

• The employer did not have a good reason to dismiss you;
• The process was unfair; or
• The employer did not take the necessary steps before your dismissal

Let us fight for your rights and earn you the monetary damages you deserve.

Here at Employment Equity Limited – 0800 Dismissed, we believe that everyone deserves access to justice. For this reason, we work on a no win no fee basis — this means that we only charge a fee if we are successful in obtaining a financial settlement for you.

Why do we do this? The answer is simple: we love to help people. If we cannot help, we charge no fee — so you can rest assured that our employment advocates have your best interests in mind.

Don’t wait! Call us now to speak with our talented team of employment advocates and get the compensation you deserve. We are standing by to speak with you.

Is No Win No fee a con?

The answer is No. No Win No Fee agreements. 0800 Dismissed is operated by a team of Employment Law Specialists, and we have helped Kiwis’ navigate their Employment Disputes for many years. To find out more about Mike and Dave, visit https://dismissed.co.nz/about-us/

Are No Win No Fee Employment Specialists any good?

Employment lawyers are usually paid by the hour, so they get paid regardless of the results. You can rest assured that Employment Advocates who offer their services with the no win no fee proposition rely on winning for their income. This means that they won’t ask for any money upfront; instead, their fee will be calculated on the successful outcome they achieve for you. If they are not good they do not get paid.

What percentage do no win no fee employment specialists take?

No Win No Fee employment specialists are often the “go to” service for those who believe they have been unfairly dismissed or bullied in the workplace. An Employment Dispute Specialist or Advocate is usually only paid on the successful outcome of the dispute with your past or current employer. The percentage no win no fee employment specialists take a portion of the successfully negotiated settlement. An ethical advocate will not take more than their client receives. To talk to us about our service fee, please get in touch with us.

How long does a No Win No Fee Employment Dispute take?

Employment disputes can be stressful to resolve. It is essential to understand your rights and know your options before filing an employment dispute. Dispute resolution timeframes can differ based on circumstances. In a no win no fee situation it is in the Advocates interest to resolve the matter as quickly as possible. This is not necessarily the case when an hourly rate is applied. Please talk to us about your particular employment dispute. This is a no obligation conversation.

What is No Win No Fee?

A no win no fee is an employment law service that does not have to be paid unless the dispute case is won.

If you have lost your job or are facing losing it, a New Zealand Employment lawyer might not be the cheapest option at this time, and this is where the services of a No Win No Fee Employment Specialist is invaluable.

What is No Win No Fee?

If you loose a No Win No Fee Case, you can simply walk away without paying anything. However, in our initial consultation, we will provide you with a realistic assessment of whether we believe you have a case or not.

What do I do if I have been fired from my job?

If you have been fired, it is important to know your rights and the legal recourse available. The first thing you should do is to get your thoughts in order. The firing process is usually extremely painful and confusing. It takes time to get used to the idea that you’re no longer employed at a company you once loved.

If you are an employee, then your employer must provide you with a valid reason for the termination. They may fire you for poor performance or inappropriate behaviour, but there are other reasons that do not give them the right to terminate your employment agreement.

If the employer has met their obligations, then they are protected by New Zealand law from any kind of retaliation or wrongful termination claim. But if they haven’t met these legal obligations, then it may be grounds for an employment claim. Please contact our Employment Specialist team to discuss the options available to you.

The next step is figuring out how to move forward with your career. The last thing you want to do is make a rash decision about what your next step should be, or worse- make a decision that will leave you stuck in a dead-end job for the rest of your life. We will often have your dismissal reversed and replaced with a resignation.

If this has been an upsetting experience, take some time to yourself and don’t do anything rash. Once the initial shock has worn off, then start exploring different ways that will help you find stability in your future career or business pursuits.

Are you Employment Lawyers?

We’re experts in the field of employment law. All our team members have law degrees and extensive experience in HR policies & processes.

What is an Employment Law Advocate or Employment Advocate?

Employers are often given the benefit of the doubt regarding decisions they make regarding their employees. For this reason, employees are often left feeling powerless in the face of questionable decisions. An employment advocate is someone who understands employment law and provides support for employees by helping them understand their rights and enforcing those rights when necessary. We can support you in your current workplace and with the current employee grievance, you are dealing with.

Am I being bullied in the workplace?

Workplace bullying is an insidious form of bullying where the perpetrator holds a position of power over the victim. Workplace bullies use their power to abuse others through verbal, nonverbal or physical means.

What should I do if I am being bullied at work?

Bullying can be found in all aspects of life, even the workplace. It is important to know how to handle bullying at work with tact and grace.

If you are experiencing bullying at work, please get in touch with someone in your organisation who is trained to manage these sorts of reports in a confidential manner. If there is not set process or procedure and there is no internal person that you can confide in, please ensure you document and collect as much evidence each time the bullying occurs.

It’s important that you inform your employer, your manager, or your team leader of the situation. But what if the bully is the employer? If this is the siltation, please call our No Win No Fee Team for assistance and advice.

What happens after I report that I am being bullied?

After receiving a report of bullying or harassment in the workplace, the business should: –

1. Support you and the person you have complained about.
2. Investigate and determine a way forward.
3. Provide you with feedback on the steps taken and outcomes.

Are you the victim of workplace bullying?

Bullying is a form of abuse that happens in the workplace. Bullying can be physical (hitting, kicking) or emotional (insults, threats). It can also be sexual harassment. Bullying is something that you could identify as workplace bullying if it happens at your job and affects your ability to do your work properly.

How do I report a workplace bully?

Bullying at work can come in many different forms, but most often, it involves an employee with more power than the victim who makes the life of the victim miserable. Bullies may do things like insult, harass, or refuse to cooperate with their colleague.

If you are being bullied at work, please inform staff who are trained to handle this sort of thing confidentially. If there is no set process or procedure to follow or if you don’t have anyone to confide in, please make sure you document each time the bullying occurs. Try to get evidence and find out if there are any witnesses who will support you.

It’s important that you inform your employer, your manager or your team leader of the situation. But what if the bully is the employer? If this is the siltation, please call our Employment Law Advocates for advice and assistance. We offer a No Win No Fee Confidential Service.

What is a Personal Grievance?

A personal grievance is a formal complaint an employee may bring against their employer. Employees have 90 days from the time they stop working to raise a personal grievance. If more than 90 days has passed, please contact us to see there are remedies that could be applied.

How do I raise a Personal Grievance against my employer?

If possible, you should discuss the problem with your employer. You should tell them that there is an issue and give them the opportunity to resolve it within a set time frame e.g. one working week.

You need to know what type of grounds for complaint or grievance you have first before making the decision to take the first step. If you require any guidance, please contact our Employment Advocates.

You should clearly describe the issues and the events that have led to the problem. In doing this, you should provide the names of those present with the problem that occurred and note the date of the incident. Provide this information to your employer in written form and keep a copy of this communication.

If your employer is not willing to or is unable to resolve the issue, you can request mediation. In addition, we recommend that you seek employment law advice from a employment law advocate.

What is an Exit Package?

In employment law, an exit package is a monetary or other benefits that an employer offers to or agrees to provide to an employee who voluntarily leaves the company. This can often take the form of a tax free payment.

We can assist you with ensuring the exiting process is dealt with on a professional basis and the agreed terms of the settlement or exit package is recorded correctly.

What is sexual harassment in the workplace?

Sexual harassment is both a violation of your rights, as well as an intimidating or offensive environment for anyone to work in. Sexual harassment can be committed by a person of either sex against a person of the same or opposite sex as well as against a person who identifies as transgender.

If you report sexual harassment to your employer and it is not stopped and dealt to, this can become a personal grievance. As soon as your employer is notified of the harassment, they are legally obliged to stop it.

What are the forms of harassment in the workplace?

• Discriminatory Harassment.
• Racial Harassment.
• Personal Harassment.
• Physical Harassment.
• Gender Harassment.
• Power Harassment. .
• Psychological Harassment.
• Religious Harassment.
• Cyberbullying.
• Retaliation.
• Disability-based Harassment.
• Sexual Harassment.

What does Redundancy Mean in New Zealand?

If you become redundant, no longer needed or if your job position is eliminated due to company restructuring, decreasing interest in that profession or changes in the economy, you could be made redundant. Redundancy is considered to be a form of dismissal.

If I am made redundant, what am I entitled to?

You must read your signed employment agreement. Your notice period, along with any redundancy clauses should be included in this document. Remember that you are entitled to seek legal advice and representation during a redundancy process.