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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.
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.
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.
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.
Employment Court proceedings include challenges to Employment Relations Authority determinations, urgent applications and other specialist employment cases. Deadlines, pleadings, evidence and costs require careful preparation.
New Zealand Employment Court case summaries covering challenges to Employment Relations Authority decisions, unjustified dismissal, unjustified disadvantage, remedies, procedure, and other significant employment law issues.
