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Unfair Dismissal
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Unfair Dismissal

An unjustified dismissal is a personal grievance claim that an employee can bring against their employer. An employer must have a good reason to justify dismissal and must show that the dismissal was procedurally fair to the employee, otherwise the employee could be entitled to remedies for their unjustified dismissal personal grievance claim.

Employee Case Review Compensation

Unjustified Dismissal

For an employer to justify dismissal, the following criteria must be met:

  • A fair and reasonable process must be undertaken.
  • The employee should be provided with access to relevant information.
  • The employee should be allowed to have a support person present if they request.
  • The employee should be given the opportunity to respond and give information on their side of the story.
  • The employer should genuinely and genuinely consider the employee's response, and any information given.
  • The decision should be made by an unbiased decision-maker, and should be one that a fair and reasonable employer would have made in all the circumstances (section 103A - test of justification).
  • An employer should provide a written outcome letter explaining their decision, including the employee's right to raise a personal grievance.

We would be happy to assist you with raising a personal grievance claim and pursuing remedies for their unjustified dismissal personal grievance claim.



Showing 13-16 of 19 articles in Unfair Dismissal
Employment Relations Authority Investigation

Employment Relations Authority Investigation

Employment Relations Authority Investigation Meeting. Unfair dismissal personal grievance employment law tribunal. Employment Relations Act 2000.

15 Aug 2021 Continue
Conditional Employment Offer Letter

Conditional Employment Offer Letter

When a conditional offer of employment is made to an employee and that offer is accepted and the employer later moves to withdraw that offer unfairly, the employee can make a claim for unfair dismissal, regardless of whether that employee has started work.

15 Aug 2021 Continue
Constructive Dismissal

Constructive Dismissal

Constructive Dismissal Personal Grievance Law. Claiming unfair dismissal compensation? Talk to us before you resign. No Win No Fee Employment Law.

7 Aug 2021 Continue
Labour Department NZ

Labour Department NZ

The Labour Department is administered by Employment New Zealand and provides Mediation Services for employers and employees. We represent employees in unfair dismissal, personal grievance and minimum entitlement claims.

27 Jul 2021 Continue