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Results for unjustified dismissal

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Employment Court (NZ): what it does, when you end up there, and how to prepare

What the New Zealand Employment Court does, how a de novo challenge differs from an ERA investigation, key procedural stages and what parties should expect when preparing for a hearing.

Matched passage: How the Employment Court fits with the ERA The ERA investigates and determines employment relationship problems (for example, unjustified dismissal personal grievances).
"No win, no fee" politics: what National proposed and what it would mean

Commentary on National's proposal to remove or restrict no-win-no-fee employment arrangements and the likely access-to-justice consequences for employees who cannot fund representation upfront.

Matched passage: We will also see a full return of the 90 Day Trial for all businesses which is designed to preclude the employee from bringing personal grievance proceedings for unjustified dismissal.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Employment Relations Act 2000, s 103A - the response should answer the statutory test If the grievance alleges unjustified dismissal or unjustified disadvantage, the employer's response should be organised around s 103A.
Workplace investigations in New Zealand: what "fair and reasonable" looks like

What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.

Matched passage: Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
Employment Law Help for Employers NZ | Staff Disputes, PGs and ERA Claims

Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.

Matched passage: Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - workplace conduct can become both dismissal and disadvantage risk Atkins is useful because it shows how poor workplace behaviour by management can create multiple problems.
90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: Because of that, employers should expect the wording and implementation to be scrutinised closely if the employee challenges the dismissal.
MBIE mediation opening statement: template and key points

How to prepare a concise opening statement for employment mediation that explains the chronology, the grievance, the legal position and the outcome sought without turning the opening into evidence-by-speech.

Matched passage: Mediation statement example Suddenly made redundant - an unjustifiable dismissal I would like to take this opportunity to give a brief introduction on my employment relationship with the company.

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