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Results for unjustified dismissal

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Evidence for unjustified dismissal personal grievance claims: what to collect

Evidence checklist for an unjustified-dismissal or personal-grievance case: agreements, letters, texts, meeting records, rosters, pay evidence, medical material, job-search records and a reliable chronology.

Matched passage: That error could be an unjustified dismissal, unfair treatment in the workplace, a pay issue or any of the many issues you can find advice for on our website.
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.
WINZ non-entitlement stand-down after unfair dismissal: when an unfair dismissal personal grievance can help waive it

How an unfair or involuntary dismissal can affect a WINZ stand-down and why evidence of a personal grievance may be relevant when asking MSD to reconsider a non-entitlement period.

Matched passage: Employee Case Form You have 90 days from the date of termination of employment (or when the termination or dismissal has come to your notice) to raise a personal grievance for unjustified dismissal.
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.
George Ngatai, Whanau Ora and the Broughton ERA decision [2023] NZERA 52

Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.

Matched passage: The Authority also found that the employer had offered no justification for the dismissal and had failed to pay notice and holiday-pay entitlements due on termination.
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: Dismissal by text (or being removed from the roster) without a meeting or chance to respond.
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 ...

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