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Unjustified Dismissal

In order for an employee to be dismissed from their job, their employer must have good reason and follow a fair process.  If these conditions are not met, an employee may make a personal grievance claim for unjustified dismissal.

What is a fair process and good reason for dismissal?

It is imperative that an employer follows a fair process before dismissing an employee.  Examples include following a disciplinary, performance management or workplace change process as outlined in the employment agreement or company policy documents.  If there is no ‘official’ process, that doesn’t necessarily mean that an employee can’t be dismissed, but the employer will need to show that the process they undertook to dismiss the employee was what a ‘fair and reasonable employer could have done in the circumstances’. 

 

At the end of a fair process, the employer must have a good reason to dismiss the employee i.e. the dismissal must be justified in all circumstances.  Employees that are dismissed are entitled to request a written statement from their employer outlining the reason/s for dismissal.  This request can be made up to 60 days after the employee is dismissed and must be responded to by the employer within 14 days.

If an employee has been unjustifiably dismissed, they can raise a personal grievance.  This is a formal complaint against an employer and can be the first step towards legal proceedings.

How can bossed help me?

If you think you’ve been unjustifiably dismissed contact the friendly team at bossed for advice.  Our team are Human Resource and Employment Relations experts. We are familiar with the rights and obligations of employers and employees and will confidently work towards the most favourable outcome possible for you whether you’re seeking compensation or reinstatement.  In most cases our services won’t cost you anything – any fees will be covered by your ex-employer.

From the moment you contact bossed you can start to relax and know that you’re going to be well supported.  We communicate on your behalf, clearly putting your claim into writing, including the right amount of detail and legal references in case of future proceedings.  We will support and represent you through the process that follows; providing sound, practical advice and keeping interactions between you and your past employer professional while getting you the compensation you deserve.

So, what are you waiting for?

Contact our friendly team today for a FREE & confidential consultation. Fill out our form below or call us on 0800 BOSSED

What does it cost?

In most cases, our help won’t cost employees/individuals anything.  When you first make contact, we will provide a free 15 minute consultation and confidential advice about your situation.  If your problem requires dedicated support from our team and/or formal representation we will aim to ensure any fees are covered by your employer. Have more questions? Click below to read more about the difference between bossed and 'no win no fee' organisations:

Contact Us

​0800 BOSSED (267 733)

admin@bossed.co.nz

All information provided to us is strictly confidential. For email and online enquiries, we'll respond to you within one business day.

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