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Process
Our procedure for a wrongful dismissal claim is methodical and evidence-based. We begin with a detailed case assessment, reviewing your employment agreement, all correspondence, and the factual sequence of events against the substantive and procedural tests of justification under the Employment Relations Act 2000. Our team then develops a legal strategy, which typically involves formally raising a personal grievance within the crucial 90-day statutory period. We engage in without prejudice negotiations with the employer, aiming for a swift settlement. If resolution is not achieved, we prepare and file proceedings with the Employment Relations Authority, managing the entire process including mediation and any necessary hearings. A key data point in these cases is that over 60% of personal grievances are resolved during the mediation phase prior to a formal determination.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Time Limit to Raise a Personal Grievance | 90 days from dismissal |
| Typical Case Preparation Timeline | 2-6 weeks |
| Common Remedies Sought | Compensation, Reimbursement, Reinstatement |
| Initial Case Assessment | Comprehensive Document Review |
Local Considerations — New Zealand
While the Employment Relations Act 2000 provides the national framework, practical aspects of pursuing a wrongful dismissal claim can vary. In major commercial centres like Auckland and Wellington, where corporate structures are more complex, cases often involve detailed contractual interpretation and executive-level disputes. In other regions, cases may more frequently involve SMEs and different industry dynamics, such as those in the agricultural or tourism sectors. Our national practice is structured to navigate these regional nuances, ensuring our advice is contextually relevant whether your employment was based in Christchurch, Hamilton, or Dunedin. Understanding the local employment landscape is key to building a compelling case.
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Standards & Compliance
- Employment Relations Act 2000
- Good Faith obligations (s 4)
- Personal Grievance provisions (s 103)
- Unjustified Dismissal (s 103A)
Frequently Asked Questions
What constitutes a wrongful dismissal in New Zealand?
A dismissal is likely wrongful, or unjustified, if the employer lacked a substantively fair reason (like genuine redundancy or serious misconduct) and/or failed to follow a procedurally fair process. This includes providing proper warnings, a chance to respond, and acting in good faith, as required by the Employment Relations Act 2000.
What is the time limit for taking action?
You have 90 days from the date your employment ended to raise a personal grievance for unjustified dismissal with your employer. This is a strict statutory deadline under the Employment Relations Act 2000. It is critical to seek legal advice immediately to preserve your rights.
What remedies are available if my dismissal was unjustified?
The primary remedies are reimbursement for lost wages (capped), compensation for humiliation, loss of dignity, and injury to feelings, and potentially reinstatement to your job. The Employment Relations Authority determines the appropriate remedies based on the evidence and the principles of fairness.
How much does suing for wrongful dismissal in New Zealand cost?
Legal costs depend on the case's complexity, the volume of evidence, and whether it settles early or proceeds to a hearing. Costs are typically structured on an hourly basis. We provide transparent fee agreements and cost estimates after an initial assessment. The best approach is to request a specific proposal for your situation.