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.
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Results for unfair dismissal
Probationary Periods
TopicA 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.
Unjustified Disadvantage
TopicUnjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.
Suspension from Work
TopicSuspension 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.
No Win No Fee
TopicNo 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.
Employment Mediation
TopicEmployment MBIE Mediation is the primary problem solving mechanism under the Employment Relations Act 2000. Parties to an employment relationship problem often must attempt mediation.
The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.
