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Our services
Process
Our methodology begins with a forensic review of your employment documentation and circumstances. We analyse your employment agreement, company policies, and the specific reasons for termination against the legal tests in the Employment Relations Act 2000. We calculate potential entitlements, which may include contractual notice periods, redundancy compensation, and compensation for unjustified dismissal under section 123. A key part of our process involves assessing your specific situation against established case law precedents to build a robust claim. We then engage in precise, evidence-backed negotiation with your former employer, aiming to secure a settlement without the need for formal proceedings. For a deeper understanding of the factors involved, refer to our detailed guide on how severance pay is calculated.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Assessment Timeline | 1-3 business days |
| Primary Legal Framework | Employment Relations Act 2000 |
| Common Negotiation Period | 2-6 weeks |
| Personal Grievance Filing Deadline | 90 days from dismissal |
Local Considerations — New Zealand
Severance entitlements and negotiation dynamics in New Zealand can be influenced by regional economic factors and industry concentrations. The high-paced tech and startup sectors in Auckland often involve complex equity and bonus structures in severance calculations, while Wellington's public sector roles are governed by specific collective agreements. In regions like Canterbury with significant reconstruction activity, redundancy scenarios may be more prevalent. Our national practice is adept at navigating these localised employment landscapes. We tailor our approach whether advising a professional in Hamilton facing restructuring or an agricultural worker in the Waikato region, ensuring the application of national law is informed by local context. Our expertise extends to clients across major centres like Wellington and Christchurch.
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Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Good Faith obligations (s4, ERA 2000)
- Case Law on Unjustified Dismissal
Frequently Asked Questions
How is severance pay calculated in New Zealand?
Calculation is based on your employment agreement, the Employment Relations Act 2000, and case law. It typically considers length of service, remuneration (including regular overtime), any contractual redundancy clauses, and whether the dismissal was justified. There is no universal formula, making professional assessment critical.
What is the time limit to raise a personal grievance for unfair dismissal?
You have 90 days from the date your employment ended to raise a personal grievance for unjustified dismissal with your employer. This deadline is strict, and failing to act within it can extinguish your right to pursue a claim for compensation or reinstatement.
Can I negotiate severance if I was made redundant?
Yes. Even in a genuine redundancy situation, you can negotiate the terms of your severance package. This includes the redundancy payment amount, notice period, outplacement support, and the wording of any agreed reference. Each listed firm specialises in securing enhanced redundancy terms through skilled negotiation.
How much does a severance review cost in New Zealand?
Costs depend on the complexity of your case, the volume of documents, and whether negotiation or litigation is required. For an initial assessment and straightforward negotiation, fees are typically structured within a predictable range. We provide transparent cost estimates after reviewing your specific circumstances, as the best approach is to obtain a tailored proposal.