Search Employment Law

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.

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.

Unjustified 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.

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 Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

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.

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.