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.
In New Zealand, a dismissal is only justified if the employer follows a fair process and the outcome is one a fair and reasonable employer could have reached in all the circumstances (the section 103A test).
Put simply: the reason and the process both matter. Even where an employer believes there were misconduct or performance concerns, they still need to investigate properly, give you a genuine opportunity to respond, and keep an open mind (no predetermination).
For an employer to justify dismissal, a fair and reasonable process must be undertaken (section 103A � test of justification). The following criteria should generally be met:
A dismissal is not only a formal termination letter. Depending on the facts, it can include:
If you bring a Personal Grievance (PG) for unjustified dismissal and you are successful, remedies can include:
If you believe you have been unfairly dismissed, we can assess whether the employer's process and decision meet the section 103A standard, and if not, raise a Personal Grievance (PG) and pursue appropriate remedies.
If you want help, the fastest way is to submit the case form with your timeline and any key documents, and we will contact you to discuss next steps.
Employee Unfair Dismissal Case Form
NZ 90-day trial period law explained. If the trial clause or notice is defective, you may still raise a Personal Grievance (PG) for unjustified dismissal. Check common mistakes.
Employers are not expected to keep a sick or incapacitated employee's job open for an indefinite period. The tests of fairness and reasonableness apply.
Unfair Dismissal and Personal Grievance cases require the employee to give evidence and provide clear and convincing proof to support their claim. Employee advice on evidence gathering.
The Employment Court upheld a determination of the Employment Relations Authority that an employer pay its former employee substantial compensation for hurt and humiliation in remedy of the redundancy having been found unjustifiable.
Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee.
You do not need permission to record a conversation that you are party to but there are consequences that you may face later if you record conversations without permission.
In a disciplinary meeting an employee has rights to procedural fairness and to be fairly heard. We represent employees at disciplinary meetings.
Consumption of alcohol and bad behaviour at Christmas functions is not uncommon. Employment Relations Authority decisions involving Christmas party incidents that have led to disciplinary action up to and including dismissal.
