Unfair Dismissals
If you’ve recently lost your job for any reason and believe you were treated unfairly, you have legal rights.
Employers must have a valid reason for dismissing you and follow a fair process. If they didn’t, you have 90 days from the event to challenge the decision by lodging a personal grievance.
Our employment advocates can help you take the next steps with confidence. Get in touch and we’ll talk through your options with you.
Was your dismissal unfair?
For a dismissal to be fair, your employer needs to be able to show two things.
1. That they had a reason to justify dismissing you. The most common grounds for dismissal are: poor performance, serious misconduct and redundancy. Other reasons can include: repeated misconduct, long term sickness/injury, incapability and abandonment of employment.
2. That they followed a fair process before letting you go. What is fair depends on the circumstances, but employers are generally expected to investigate properly, communicate openly, and give the employee a genuine chance to respond before making a decision.
You should also have been told you could bring a support person, advocate, or lawyer to a meeting - and that dismissal is a possible outcome.
Personal grievances for unfair dismissal generally need to be raised within 90 days, so it's important to seek advice promptly. Give us a call straight away to discuss your options.
If you were dismissed under a 90-day trial, different rules may apply. However, there are legal requirements that must be met for the 90-day trial to be valid. If the trial wasn't valid, you may still be able to argue that your dismissal was unjustified.
Get free advice now!
Seek support from our employment advocates before making any big decisions.
Do you have grounds to challenge your dismissal?
Every dismissal is different, but there are a few common signs that your employer may not have followed a fair or lawful process.
If you’re going through one of the following scenarios, call the Mathews Walker team today on 0800 612 355 for a confidential discussion about your rights.
I was fired without warning or investigation
Even if your conduct was very serious, your employer must investigate concerns properly before dismissing you. They must also give you a fair chance to tell your side of the story.
The investigation was biased or one-sided
If your employer ignored evidence, failed to interview key people, or appeared to have already decided the outcome before hearing your side, the disciplinary process may have been unfair.
I was fired under a 90-day trial but my contract doesn’t include one
A 90-day trial period is only enforceable if it was validly included in your employment agreement and all legal requirements were met. If it wasn't, you may still be able to challenge your dismissal as unjustified.
My dismissal was too harsh for what happened
Even where misconduct occurred, dismissal is not always justified. If a reasonable employer would have issued a warning or taken less severe disciplinary action, your dismissal may have been unfair.
I was selected unfairly for redundancy
A genuine redundancy still requires proper consultation and a fair selection process. If you believe you were targeted unfairly or the consultation was inadequate, you may have grounds for a personal grievance.
I was dismissed after raising a workplace concern
If you were dismissed shortly after raising concerns about health and safety, workplace bullying, discrimination, harassment, pay, or other workplace rights, it may be worth questioning whether the dismissal was genuinely for misconduct or performance, or whether your complaint influenced your employer's decision.
I was pressured to resign
If your employer's behaviour left you feeling that resignation was your only option, this may amount to constructive dismissal, which can be challenged under New Zealand employment law.
Not sure what to do next? Our employee advocates can provide the support you need
Mathews Walker is a New Zealand wide employment advocacy service with considerable experience in resolving unfair dismissal disputes. Most of our cases are handled on a no win, no fee basis, meaning you only pay if we successfully resolve your matter.
Our advocates can:
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Assess whether your dismissal was justified
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Explain your legal options
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Help prepare and raise your personal grievance
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Negotiate with your employer
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Represent you during mediation or before the Employment Relations Authority where required
What our clients have said
Jandre
A big thank you to Kevin for assisting me with my case. Kevin was extremely helpful throughout the process. He also showed passion and genuine interest in representing me and was always prepared.
I highly recommend the team at MatthewsWalker.
Constructive Dismissal | Wellington
E (Name Withheld)
As an employee, you might face injustice, but you don't have to put up with it. Paul helped me close my case with great outcome, explained every step of the way and fought like a lion. I am going to have a glass of champagne today and would definitely recommend his service to all of my friends.
Unlawful Dismissal | Christchurch
B (Name Withheld)
Amazing the knowledge that Paul has no mucking around means business...done a very good job on my behalf not once but twice too I might add..would fully recommend this company and most certainly Paul..thankz guys
Unlawful Dismissal | Christchurch
Answering your questions about unfair dismissals
What is considered unfair dismissal in NZ?
An unfair (or unjustified) dismissal occurs when an employer either lacks a valid reason to dismiss you or fails to follow a fair and reasonable process before ending your employment
What is the time limit for challenging an unfair dismissal?
In most cases, you have 90 days from the date of your dismissal, or from when you became aware of it, to raise a personal grievance with your employer. These timeframes are pretty firm, so seek advice early as soon as possible after your dismissal.
What is an average payout for an unfair dismissal in NZ?
Every case is different. Compensation depends on factors such as lost wages, emotional harm, and the circumstances of the dismissal. A successful claim may result in remedies such as reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, or in some cases, reinstatement.
What evidence do I need for an unfair dismissal?
Useful evidence may include your employment agreement, emails, disciplinary letters, meeting notes, performance reviews, witness statements, text messages, and any other documents relating to your dismissal.
What are fair reasons for dismissal?
Common lawful reasons for dismissal include:
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Serious misconduct
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Repeated misconduct
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Repeated poor performance (after a fair performance management process)
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Genuine redundancy
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Long-term incapacity where the employee is no longer able to perform the role
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You didn’t pass your 90-day trial period
Regardless of the reason, employers must still follow a fair and reasonable process before dismissing an employee.
Expert insights
What qualifies as unfair dismissal? Learn about the legal process and what options are available if you've been dismissed unfairly.
Answers to the most common questions employees ask after losing their job.
Read more
Find out when an employer can rely on a valid 90-day trial period, what exceptions may apply, and when you may still have legal options following a dismissal.