If you have been fired, you may be wondering if you have a case for unfair dismissal.
It is important to understand what an unjustified dismissal is and what rights employees have to defend against it. Seeking unfair dismissal advice from our team of unfair dismissal law advocates could be the advantage you need to achieve a successful claim.
Unfair Dismissal NZ – call 0800 Dismissed for unfair dismissal help and guidance.
If you feel that the process in which you were fired was a procedurally unfair dismissal, or not handled properly, you can file a claim against your employer. A dismissal must be for a good reason and be carried out fairly; otherwise the employees may have a personal grievance claim.
This article will discuss what a wrongful dismissal is and what your rights are when it comes to fighting your employer on your dismissal.
Personal Grievances: Unfair dismissal advice for employees
Personal grievances are a kind of complaint that an employee can bring against an employer and they can come in many forms.
All employees have the right to pursue a personal grievance if they have experienced any of the following complaints:
Wrongful dismissal
Discrimination
Sexual or racial harassment
Inexcusable action which puts the employee at a disadvantage
It’s important to remember the unfair dismissal qualifying period is 90 days.
You must raise a personal grievance claim within 90 days or else your employer is not required to do anything about your complaint. However, there are some cases in which the employer may consent to considering a personal grievance after the 90 day period.
If the employer does not agree to consider the claim after the 90 day period, the employee has the right to apply to the Employment Relations Authority to be granted approval to raise their personal grievance after the 90 day timeframe.
Determining whether you have a personal grievance case on grounds for unjustifiable dismissal
When it comes to determining whether or not there are grounds for unjustifiable dismissal, there must be evidence that the unfair dismissal was carried out for no good reason, or that it was carried out in an unfair manner.
If the employee has the evidence to prove either of these situations, they have a good chance at winning an unfair dismissal compensation claim against their employer. Determining unfair dismissal criteria and what is a fair payout depends on the individual circumstances of each unique situation. If an employment agreement includes a disciplinary procedure, that process must be followed by the employer.
We are your unfair dismissal NZ employment law advocates and providers of unfair dismissal advice.
At every step of the way, you should feel confident in your knowledge of our position and approach to your claim. By calling us, we can answer some of your most frequently asked questions:
What constitutes unfair dismissal?
When does unfair dismissal apply?
What is automatically unfair dismissal?
What is the maximum payment for unfair dismissal?
What are proper grounds for unfair dismissal?
Unfair Dismissal Free Advice – No Win, No Fee
Employees have the right to be informed of what the employment issue is and that disciplinary action, up to termination is a possibility.
After employees are informed of the issues the employer is having with them, they must be given an opportunity to comment on the accusations and explain their side.
The employer must consider the employee’s version of the story with an open mind before they determine what disciplinary actions are needed, if any.
The employer has the responsibility to thoroughly investigate all accusations of misconduct. If misconduct has been confirmed, there is a process that the employer must follow in order to proceed in a fair manner.
If it is determined that the employee will be fired, the employee has the right to request a written statement from the employer detailing the reasons for their dismissal. This request can be made up to 60 days after the dismissal and the employer then has 14 days to fulfil the request.
0800 DISMISSED look after you and your rights.
We at 0800 DISMISSED are passionate about helping employees who have been treated poorly in the workplace. We provide expert unfair dismissal representation, using our advocacy skills to secure damages for unfair dismissal and the very best outcome for you.
We regularly come up against New Zealand’s largest employers and legal firms and no company is too big or too small. Our team has a commitment to seek fairness for all employees, not just those on higher incomes. If you believe you have been unfairly dismissed from a job, contact us today to help you determine if you have enough to build an unfair dismissal case against your previous employer.
