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Unfair Dismissals

Your employer needs to show that they had reason to justify dismissing you and followed a fair process before making their decision to let you go.

 

If you have been dismissed from your job unfairly the law gives you the right to challenge that decision by taking a personal grievance.

sad worker

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

Was your dismissal unfair?

For a dismissal to be fair, your employer needs to be able to show two things.

Firstly, that they had a reason to justify dismissing you. The most common grounds for dismissal are: poor performance, serious misconduct and redundancy. However, some other reasons can include: repeated misconduct, long term sickness/injury, incapability and abandonment of employment.

Your employer also needs to show that they followed a fair process before they made their decision to let you go. What is considered fair will depend on the circumstances. It would normally include you having an opportunity to put your side of the story at a meeting. Your employer should have told you before that meeting that you could bring a support person or advocate or lawyer. They should also have told you that a possible outcome of that meeting could be dismissal.

Mathews Walker is a New Zealand wide employment advocacy service with considerable experience in resolving unfair dismissal disputes. Most of our cases are no win, no fee which means that we only take a fee if we are successful.

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