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Process
Our methodical approach begins with an urgent case assessment to establish key facts, dates, and documentation, including your employment agreement and any termination correspondence. We immediately analyze the dismissal against the justification tests under the Employment Relations Act 2000 and identify any potential breaches, such as a lack of procedural fairness. A critical early step is advising on the 90-day personal grievance deadline and any without prejudice communication strategies. We then develop a tailored pathway, which may involve direct negotiation for a record of settlement, mediation through MBIE, or preparing for litigation in the Employment Relations Authority, where over 70% of lodged applications relate to dismissal or unjustified action. A detailed guide on your potential entitlements is available in our resource How Is Severance Pay Calculated.
At a Glance
| Parameter | Reference Value |
|---|---|
| Personal Grievance Lodgement Deadline | 90 days from dismissal |
| Typical Mediation Timeline | 4-8 weeks from referral |
| Common ERA Determination Timeline | 6-12 months from application |
| Key Documentation Review | Employment Agreement, Termination Letter, Communications |
Local Considerations — New Zealand
The application of employment law is consistent nationally, but practical considerations vary across New Zealand's economic regions. In Auckland's competitive corporate and finance sectors, dismissals often involve complex restraint of trade and confidentiality clauses. Wellington's public sector and policy environment requires particular attention to good faith obligations and specific collective agreement terms. In contrast, regional centers and primary industries may see different patterns around seasonal work and redundancy. Our national team is adept at navigating these regional nuances, ensuring advice is contextualised to the local employment landscape and industry standards, providing robust representation whether you are in a major centre or a regional area. For localised insights, learn about employment law support in New Zealand.
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Our team reviews your project and issues an initial report at no cost.
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Standards & Compliance
- Employment Relations Act 2000
- Good Faith obligations (s 4)
- Personal Grievance procedures (s 103)
- Holidays Act 2003 (final pay)
Frequently Asked Questions
What is the first thing I should do after being fired?
Immediately seek clarification in writing on the reason for termination and request a copy of your final payslip. Refrain from signing any release or settlement document before obtaining legal advice. Preserve all related communications and documents, as they are crucial for any assessment of your legal position.
What constitutes an unjustified dismissal in New Zealand?
A dismissal may be unjustified if the employer did not have a substantively justifiable reason (e.g., misconduct, redundancy) or failed to follow a fair procedure, including providing you with relevant information, a chance to respond, and support. The employer must prove the dismissal was what a fair and reasonable employer could have done in the circumstances.
What are the potential outcomes if I raise a personal grievance?
Remedies can include reimbursement of lost wages (capped), compensation for humiliation and distress, and potentially reinstatement. Most claims are resolved at mediation via a confidential, binding settlement agreement. Only a minority proceed to a full investigation and determination by the Employment Relations Authority.
How much does legal advice for a dismissal cost in New Zealand?
Costs vary significantly based on case complexity, the stage at which it resolves (negotiation, mediation, or authority proceedings), and the required documentation review. As a 2024 reference, initial advice may range from a fixed-fee assessment to ongoing representation. We recommend requesting a specific cost proposal tailored to your situation after an initial discussion.