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An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
NZ 90 day trial periods explained for employees. When a valid trial can restrict unjustified dismissal and dismissal-related disadvantage claims, and the common mistakes that can make a trial invalid.
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
A probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.
What employees should expect at MBIE employment mediation: the mediator's role, joint and private sessions, preparation, negotiation and how a settlement becomes binding.
![Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.
Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.
