How to Challenge an Unfair Dismissal in New Zealand

Losing a job feels overwhelming. But if your dismissal was not fair, you have rights under New Zealand employment law. Acting early and getting support and advice from an employment advocate can make the process much easier and help achieve a positive outcome.

What Is an Unfair Dismissal?

An unfair dismissal happens when your employer ends your job without a good reason or without treating you fairly. Examples of this include:

• No valid reason given, such as poor performance, misconduct, or redundancy.

• An unreasonable reason given, such as penalising you for taking sick leave.

• No fair process undertaken, such as if they didn’t consult with you or let you answer concerns.

In New Zealand, employment law says dismissals must be both justified and properly handled.

Being unfairly dismissed can affect your income, your reputation with future employers and your mental and emotional well-being.  When you challenge an unfair dismissal you can potentially achieve reinstatement or new job terms, financial compensation for lost income and hurt, and a sense of justice and fairness.  

The Unfair Dismissal Process

There are some key things to know and do before challenging your unfair dismissal:   

There is a time limit on unfair dismissal.  You must raise a personal grievance in writing within 90 days of your dismissal.  If you're outside this window, you may lose the right to challenge. 

Evidence is important.  Collect and capture all for your employment documents including contract, policies and emails.  Make a timeline of dates of meetings, who was there and who said what/  Pull together a list of any witnesses who saw or heard concerns and their contact details.  Locate any records of performance, training, warnings etc - signed copies where possible.

Getting help early makes a difference. Engaging with an employment advocate early can be vital to helping you understand if your dismissal is unfair. They can help to draft letters and prepare for meetings, to act for you in negotiations or court, and protect you from stressful mistakes in the process.  Even before a formal grievance, advocates can guide you to build a strong case.

Raising a Personal Grievance

When you submit your personal grievance to your employer, you need to include the following things:

1. State it’s a personal grievance for unfair dismissal,

2. Give the date you were dismissed,

3. Explain why it was unfair (no warning, lack of evidence, bias),

4. Say when you’d like a meeting, and

5. Keep it brief and respectful

   
   

After receiving your grievance, your employer must acknowledge your letter, offer a meeting to discuss concerns, and suggest a resolution process (mediation, investigation, or direct agreement). 

Mediation and the ERA

The next step if a resolution is not reached would be mediation (via Ministry of Business, Innovation & Employment).  The benefits of mediation include a neutral mediator helping find a fair outcome, a generally cheaper and quicker option than going to court, and a process supporting practical resolutions like job offers or compensation.  An employment advocate can help you prepare and support you through the mediation process.

If mediation fails, you may choose to apply to the Employment Relations Authority (ERA) who investigate and hold hearings. This gives the opportunity for you and your advocate to present your case and the employer to defend theirs with the ERA making the final decision. Possible outcomes include reinstatement (getting your job back), compensation for lost wages etc, and damages if your employer acted badly. There may also be cost orders to cover payment for legal costs.

Why Working with an Employment Advocate Helps

An employment advocate can help you every step of the way from dismissal, all the way to the ERA. Along with their expertise and experience comes:

Clear Guidance: An advocate can explain legal terms and deadlines and keep you focused and calm.

Better Preparation:  The advocate can help collect evidence and witness statements and craft clear, strong communications.  

Strong Representation:  The advocate can speak with/for you at at hearings and handle tough questions and arguments. 

Confidence & Support: An advocate can provide emotional support through a stressful time meaning you feel protected and listened to. 

If you believe you were unfairly dismissed, you do not have to accept it. Acting fast and working with an advocate gives you the best chance to make your case, get answers, and find outcomes that are fair. To take the next step in your unfair dismissal case, get in touch with an expert for a free consultation.  mathewswalker.co.nz | 0800 612 355

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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.