Dismissal is one of the most serious actions an employer can take against an employee. While New Zealand law allows employers to end an employment relationship under certain circumstances, there are clear limits on what constitutes a fair and lawful dismissal. Employees have the right to be treated fairly and to be protected from discrimination, retaliation, and other forms of unjust treatment.
Here are 12 reasons an employer cannot lawfully dismiss you in New Zealand:
1. Discrimination
Employers cannot dismiss you based on discriminatory grounds such as your race, ethnicity, gender, sexual orientation, age, disability, marital status, religious beliefs, or family responsibilities. These protections are outlined in the Human Rights Act 1993 and the Employment Relations Act 2000.
2. Retaliation for Raising a Complaint
If you raise a personal grievance, make a formal complaint, or participate in a workplace investigation, your employer cannot dismiss you in retaliation. The law protects employees who stand up for their rights or bring workplace issues to light.
3. Union Activities
New Zealand law protects employees from being dismissed for joining a union, participating in union activities, or negotiating collective agreements. Dismissing an employee for these reasons is unlawful under the Employment Relations Act.
4. Pregnancy or Parental Leave
It is illegal to dismiss an employee because they are pregnant, planning to take parental leave, or have caregiving responsibilities. This protection ensures that employees are not penalised for their family obligations.
5. Health and Safety Complaints
You cannot be dismissed for raising health and safety concerns in the workplace. The Health and Safety at Work Act 2015 safeguards employees who report unsafe practices or conditions.
6. Whistleblowing
Under the Protected Disclosures Act 2000, employees who report serious wrongdoing in their workplace are protected from dismissal. Employers cannot terminate your employment as a form of retaliation for whistleblowing.
7. Taking Sick Leave
Dismissing an employee for taking lawful sick leave under the Holidays Act 2003 is unlawful. Employers must respect your right to take time off when you are unwell.
8. Making a Wage or Holiday Pay Complaint
If you raise concerns about unpaid wages, incorrect holiday pay, or other entitlements, your employer cannot dismiss you for doing so. Employees are protected under the Employment Relations Act and the Holidays Act.
9. Injury or Illness
Employers cannot dismiss you solely because you are injured or ill. They are required to follow fair processes and consider reasonable accommodations before making any decision about your employment. Immediate dismissal without exploring alternatives could be grounds for a personal grievance.
10. Retaliation for Participating in Legal Proceedings
If you are involved in legal proceedings against your employer, such as testifying in court or providing evidence in a case, they cannot dismiss you as a result. This protection ensures that employees can participate in justice processes without fear.
11. Constructive Dismissal
Employers cannot create conditions that force you to resign. This includes bullying, unreasonable workloads, or sudden demotions without cause. If an employer’s actions or omissions leave you with no choice but to resign, you may have grounds for a constructive dismissal claim.
12. Unjustified Dismissal
Even if none of the above reasons apply, any dismissal must still be procedurally and substantively fair. Employers must:
Conduct a thorough investigation (if required).
Provide you with clear reasons for the dismissal.
Give you an opportunity to respond to concerns. If these steps are not followed, the dismissal could be deemed unjustified under the Employment Relations Act.
If you believe you’ve been dismissed for any of the above reasons, you may have grounds for a personal grievance. Here’s what to do:
Act quickly - you have 90 days from the date of the dismissal to raise a personal grievance.
Document everything - keep copies of your employment agreement, correspondence, and any other relevant records.
Seek advice - an employment lawyer or advocate can help assess your case and guide you through the process.
Your employer cannot dismiss you without fair reason or process. Understanding your rights is crucial to protecting yourself from unlawful treatment in the workplace. If you’re unsure whether your dismissal was lawful, seek advice from an expert. mathewswalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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