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Process
Our legal assessment follows a rigorous, three-step process. First, we conduct a detailed review of your employment agreement, any written warnings, and the circumstances of your dismissal against the legal tests in the Employment Relations Act 2000. We analyze whether the employer's actions met the high threshold for summary dismissal, such as theft, violence, or serious insubordination. Second, we gather evidence, including witness statements and correspondence, to build a factual timeline. Finally, we provide a clear written opinion on the merits of a personal grievance claim, outlining potential remedies like compensation or reinstatement. Our process is designed to deliver a definitive legal position within 5-7 working days.
At a Glance
| Parameter | Reference Value |
|---|---|
| Legal Assessment Timeline | 5-7 working days |
| Personal Grievance Filing Deadline | 90 days from dismissal |
| Common Remedies Sought | Compensation, Reimbursement |
| Primary Governing Legislation | Employment Relations Act 2000 |
Local Considerations — New Zealand
Employment law practice in New Zealand requires an understanding of both national statute and regional mediation services. While the law is uniform, the approach of the Employment Relations Authority and mediators can have regional nuances, particularly between the more commercially dense caseload in Auckland and the public-sector-focused disputes common in Wellington. Our national practice is structured to navigate these regional forums effectively. We provide robust representation whether your case is heard in Christchurch, Hamilton, or Dunedin, ensuring your claim is presented with authority and a deep understanding of local tribunal expectations. For specific guidance relevant to your area, explore our employment law services in New Zealand.
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Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyer24.org
Standards & Compliance
- Employment Relations Act 2000
- Good Faith obligations (s 4)
- Personal Grievance provisions (s 103)
- Unjustified Dismissal tests (s 103A)
Frequently Asked Questions
What qualifies as 'serious misconduct' for dismissal without notice?
The bar is high. It typically involves deliberate, harmful acts like theft, fraud, physical assault, or serious safety breaches that fundamentally breach the employment relationship. Mere poor performance or a minor mistake is insufficient under the Employment Relations Act 2000.
What is the first thing I should do if I am fired without notice?
Remain calm and do not sign anything. Immediately request the dismissal in writing, stating the specific reasons. Then, contact each listed firm for urgent advice. We recommend reviewing our guide on what to do when you get fired for immediate steps.
How long do I have to challenge a dismissal without notice?
You have 90 days from the date your employment ended to raise a personal grievance for unjustified dismissal. This is a strict statutory deadline under the Employment Relations Act 2000, so prompt legal advice is critical.
How much does it cost to challenge a dismissal without notice in New Zealand?
Legal costs depend on the complexity of your case, the volume of evidence, and whether it proceeds to a mediation or Authority investigation. Many cases are resolved at mediation. We provide transparent fee structures after an initial assessment. The best course is to request a specific proposal tailored to your circumstances.