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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

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Unfair Dismissal Unfair Dismissal Covid 19 Covid 19

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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