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Process
Our technical approach begins with a forensic review of the employment agreement, company policies, and all correspondence related to the dismissal. We assess the procedural and substantive justification of the termination against the test of justification in section 103A of the Employment Relations Act 2000. For redundancy situations, we scrutinize the business case and consultation process. Leveraging this analysis, we calculate a quantifiable claim, which for an administrative assistant with three years' service in an unjustified dismissal case can typically range from 3 to 6 months' lost wages. We then engage in without-prejudice negotiations, aiming for a swift and favourable settlement, and are prepared to file a personal grievance with the Employment Relations Authority within the strict 90-day statutory deadline if necessary. Our detailed process for other professions, such as severance pay for project managers, follows a similarly rigorous framework.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Deadline for Personal Grievance | 90 days from dismissal |
| Typical Negotiation Timeline | 2-6 weeks |
| Common Settlement Range (Unjustified Dismissal) | 3-12 months' compensation |
| Primary Governing Legislation | Employment Relations Act 2000 |
Local Considerations — New Zealand
The demand for severance advice for administrative assistants varies across New Zealand's economic landscape. In Auckland's dense corporate sector, dismissals often involve complex organizational restructures within large firms or financial services. Wellington's public service and policy environment presents distinct procedural frameworks for redundancy. In contrast, regions like Canterbury with a strong SMB and rebuild-focused economy may see terminations linked to project conclusions or funding cycles. Our national practice adapts by understanding the specific industrial context of the employer, whether a multinational in Auckland, a government department in Wellington, or a growing tech startup, ensuring our legal strategy is precisely calibrated to the local employment market dynamics and common practices.
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Standards & Compliance
- Employment Relations Act 2000 (s 103A, s 123)
- Good Faith obligations (Part 5, ERA 2000)
- Holidays Act 2003 (final pay calculations)
- Privacy Act 2020 (handling of personal information)
Frequently Asked Questions
What is the legal test for an unjustified dismissal in New Zealand?
Under section 103A of the Employment Relations Act 2000, a dismissal must be what a fair and reasonable employer could have done in all the circumstances at the time. The employer must have substantive justification (a good reason) and follow a fair procedure, including investigation and providing the employee with an opportunity to respond.
Am I entitled to severance pay if my role is made redundant?
There is no statutory entitlement to redundancy compensation in New Zealand. However, your employment agreement may provide for it. Even if it does not, it is common to negotiate a severance payment, especially if the redundancy process was not conducted in good faith or if the selection for redundancy was unfair.
What should I do immediately after being dismissed?
First, formally request a written statement of the reasons for your dismissal. Carefully preserve all related documents and communications. Then, seek legal advice promptly. The 90-day period to raise a personal grievance is strict, and early legal guidance is crucial to preserving your position and evidence.
How much does severance pay advice for administrative assistants in New Zealand cost?
Legal costs depend on the complexity of the case, the volume of evidence, and whether it proceeds to mediation or authority proceedings. For straightforward negotiation matters, costs are typically contained. We provide transparent fee agreements and can often work on a fixed-fee basis for initial advice and negotiation. The best course is to request a specific cost estimate tailored to your situation.