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Unjustified Dismissal New Zealand - You're Fired. Know your workplace rights. Employment Relations Act. Unfairly dismissed. Fired from job without notice.

Unjustified Dismissal NZ

What It Is

The legal term describing an unfair dismissal is unjustified dismissal.  An unjustified dismissal occurs when an employer terminates your employment without a genuine and sufficient reason or fails to follow a fair and reasonable process.

A dismissal can be unjustified for many reasons such as

  • unfair disciplinary processes
  • an unfair performance improvement process
  • sham redundancy
  • failure to communicate adequately
  • failure to provide the employee adequate time to consider and respond to any disciplinary
  • And more

Your Rights and the Law

  • Under the Employment Relations Act 2000 (ERA 2000), the question is whether what the employer did and how they did it were what a fair and reasonable employer could have done in all the circumstances (ERA 2000, s 103A).
  • Dismissal can be substantively unfair (no valid reason) or procedurally unfair (flawed process). Either can make it unjustified.
  • ERA 2000, s 103(1)(a) – You may raise a personal grievance if you have been unjustifiably dismissed.
  • ERA 2000, s 103A – Sets the legal test of justification.
  • ERA 2000, s 4 – Both parties must act in good faith, including openness, honesty, and consultation.
  • The Court of Appeal in A Ltd v H [2016] NZCA 419 confirmed that the ERA 2000’s test requires a holistic assessment of fairness and reasonableness, not a checklist of procedural perfection.

Process (How a Generally Case Proceeds)

If you are wondering about what to do if unfairly dismissed, here is a brief outline of how cases like this generally proceed.

  1. Collect Evidence – Gather dismissal letters, emails, performance reports, and meeting notes.
  2. Raise Personal Grievance – Must be raised in writing within 90 days of dismissal.
  3. Mediation – MBIE provides free mediation for early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation.
  4. Employment Relations Authority Investigation – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination.
  5. Employment Court Appeal – Possible for errors of law or procedure.

Potential Outcomes / Remedies

  • Reimbursement of Lost Wages – Usually up to 3 months’ pay (s 128 ERA 2000), but can be extended depending on the circumstances.
  • Compensation – For hurt, humiliation, and injury to dignity (s 123(1)(c)(i)).
  • Reinstatement – Primary remedy under s 125 ERA 2000 if practicable.
  • Interest and Costs 
  • Penalties – May be imposed for deliberate bad-faith breaches of employment rights (s 4A ERA 2000).

Take Action Today

If you believe you were unfairly dismissed, you don’t have to face it alone. Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, explain no win no fee options, liaise with your employer and the employment authorities on your behalf to help you pursue the justice and compensation you deserve.