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Results for unfair dismissal

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Unjustified redundancy: when redundancy becomes an unfair dismissal personal grievance

When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.

Matched passage: Redundancy can still be an unfair dismissal An employer must act as a fair and reasonable employer could have done in all the circumstances at the time dismissal or action occurred and an employer must act in good faith.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.

Matched passage: Read more Letter of resignation Unfair dismissal Employment mediation Settlements and compensation Where an employer is going to dismiss an employee but offers that the employee can resign, the employee can often take this approach with our help: Do not resign.
Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: Read the full article here: Download PDF: Unfair dismissal from casual employment Read more Casual employment Unfair dismissal Constructive dismissal - do not resign Letter of resignation
Getting IRD (myIR) records for an unjustifiable dismissal claim: unfair dismissal lost wages evidence

How to obtain and use myIR income records as independent evidence of pre- and post-dismissal earnings when calculating wage arrears and lost-remuneration claims.

Matched passage: ... cases where there are claims involving wage arrears and holiday pay owing. Cases involving unjustified dismissal or unjustified disadvantage where lost gross wages and holiday pay are being claimed will also require our employee client to obtain their IRD records from their ...
Unfair Dismissal (Unjustified Dismissal)
21 articles

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.

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90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: 90 day trial dismissals - when you can still bring a claim A valid 90 day trial period can prevent a Personal Grievance (PG) for unjustified dismissal.

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