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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.

Unfair Dismissal Review

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 has the right to have an opportunity to comment on the information before the decision is made.
  • The employer must genuinely consider the employee's comments.
  • The decision to terminate employment must be substantively justified.
Dismissed on a 90 day trial Dismissed on a Probationary Period Dismissed from casual employment Constructive Dismissal Dismissed from a temp agency Dismissed before starting work Redundancy

Employee Case Review

Disciplinary Meeting

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An employee has rights at a disciplinary meeting. An employee has the right to procedural fairness and to be heard. An employer must always have a sufficient and reliable evidential basis to conclude that an allegation is upheld before considering and deciding upon dismissal. Continue reading

Last Updated: January 14, 2021 0800 WIN KIWI

90 Day Trial Period

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A 90 day trial period clause must be valid and used correctly. When an employer attempts to use a 90 day trial period clause to dismiss an employee the employer must give correct notice. An employee can still bring a personal grievance for unjustified dismissal if the trial period is invalid or if notice is not correctly given by the employer. Continue reading

Last Updated: August 16, 2021 0800 WIN KIWI

Probationary Period

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A Probationary Period is used by an employer to test the suitability of an employee before their employment becomes permanent. The employee is subject to scrutiny and review. Despite this, the employee is entitled to fair treatment during the probationary period. Continue reading

Last Updated: October 5, 2021 0800 WIN KIWI

Constructive Dismissal

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When an employee is about to be fired but the employer offers that the employee can resign, the employee will be giving up their personal grievance rights if they resign. Constructive dismissal could be a potential claim that could be raised by the employee but it is a more difficult path to take. The bottom line, we say, don't resign. Talk to us first. Continue reading

Last Updated: August 7, 2021 0800 WIN KIWI

No Jab No Job

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Employees holding positions that require vaccination and refuse to get vaccinated will end up being dismissed from their employment. Procedural fairness and substantive justification still applies. Unjustified disadvantage personal grievances. Minimum wage entitlement issues during Covid-19 lockdown. Continue reading

Last Updated: November 28, 2021 0800 WIN KIWI

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