Unjustified Dismissal

This means that there was no good cause for your dismissal and/ or the dismissal was carried out in a procedurally unfair manner to you or in other words you been let go, told to leave and not come back, or did not have any notice of your dismissal or were not able to explain your side of your story then you may have been unjustifiably dismissed by your employer.    If your dismissal was unjustified then you have a right to raise a personal grievance against your employer within 90 days of the unjustified dismissal.

Constructive Dismissal

If you were told to leave or be fired, or that you had no other option but to resign then you may have a personal grievance for constructive dismissal where the employer's actions have to be sufficiently serious to give the employee the impression that he/she has no option other than to resign. If your employer behaves in an insulting and abusive manner towards you that could be repudiating an employer's implied duty to provide unthreatening working conditions.  An employee who resigns in the face of such behaviour could be seen as having no other option and the employer's actions could amount to constructive dismissal. The Employment Relations Act 2000 gives all employees the right to pursue a personal grievance if they have any of the following complaints:

  • Unjustified dismissal
  • Unjustified action/disadvantage
  • Discrimination
  • Sexual harassment
  • Racial harassment
  • Duress over membership of employee organisation.

If you believe that you were unjustifiably dismissed then you need to talk to us so we can determine if you have grounds for raising a personal grievance. There are various factors to take into account so the best option is to discuss with us the facts surrounding your dismissal and we will be able to advise you on where you stand legally.

For more information on the difficulties in getting dismissals right read the NZ Herald article

"Bosses must put workers on notice" Article

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