Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results 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.
People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.
Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.
A performance improvement process should identify genuine performance gaps, set clear and reasonable expectations, provide appropriate support and a real opportunity to improve before dismissal is considered.
No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.
Casual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
Suspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.
