Unfair Dismissal: What Steps You Can Take

Unfair DismissalLosing a job can be shocking. After all, not everyone is prepared for the financial and emotional strain a job dismissal involves. You may not have a second chance, but if your employer didn’t follow the right procedures for your dismissal, it’s possible to file a complaint against them.

Whatever your employment status, I.R.Thompson Associates Ltd and other law employment advisers note that an unfair dismissal from your NZ company doesn’t have to be a traumatic experience.

  • What is an unfair dismissal?

Just let go, sacked or dismissed from service—it doesn’t matter what it’s called. If your employer didn’t follow the law, then you can claim personal grievance of unfair dismissal. It’s unfair for any worker to be sacked on the grounds of health, gender, race, religion, or family obligations. Dismissal is unfair if the company does not follow the accepted procedures in employment laws and the employee’s contract.

  • How can you know if you have a fair, constructive dismissal?

Any employee can face dismissal if specific requirements on the contract are not met. This is fair in terms of law, but certain procedures still need to be followed. This includes the employee’s right to be legally represented and respond to the allegations.

Constructive dismissal is when an employee is indirectly—or even directly—forced to resign. This could be by giving the choice of resigning or being dismissed. The employer might breach their duty or make it impossible for the employee to continue to work, thereby coercing them to resign.

  • What steps can you take?

If an employee is dismissed within the 90-day trial period prescribed under the law and if mentioned in the contract, they cannot take any more steps against the dismissal. There is a time period before which you should express your grievance to your employer in writing. The first step is to seek a legal opinion from legal experts and get good representation. Lawyers can help you identify the best course of action and explain your rights better.

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As every employment contract is different, it is best to consult legal experts who are experienced in dealing with such cases. Before taking any step against your unfair dismissal, make sure that you have the necessary support.

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