Losing your job or being pushed toward the termination of employment can be incredibly stressful. We don't believe in a one-size-fits all approach, rather a tailored strategy to meet your needs and objectives.
Our employment lawyers provide clear, practical advice to employees dealing with dismissal issues across New Zealand. We will help you understand where you stand, the options available to you, and the best path forward.
What counts as an unjustified or unlawful dismissal?
An employee may have grounds to challenge a dismissal where the employer did not have good reason, did not follow a fair process, or acted in a way that was not what a fair and reasonable employer could have done in the circumstances.
In practice, unfair dismissal and unjustified dismissal issues often arise where there was no proper investigation, no meaningful opportunity to respond, predetermination, inadequate consultation, or no real consideration of alternatives before the employment was ended.
If you believe your employer has dismissed you unfairly, you may also need advice about a personal grievance.
Constructive dismissal
Constructive dismissal can arise when an employee resigns because of serious conduct by the employer. These cases can be more difficult than actual dismissal cases, but a resignation does not always mean you have no claim.
If an employer has fundamentally undermined trust and confidence, forced an impossible situation, or left you with no real choice but to resign, it is important to get advice quickly on whether the resignation may amount to constructive dismissal.
Fair process matters
The process for dismissal is often just as important as the reason for the dismissal. Even where an employer says there was misconduct, performance, restructuring, or some other valid concern, the employer must still act fairly and in good faith.
That usually means telling you the concerns, providing the relevant information, giving you a genuine opportunity to respond, and keeping an open mind before deciding on any outcome.
Time sensitivity
Please note that statutory timeframes do exist in the employment context – do not delay seeking advice as this may impact your ability to address your dispute
You have 90 days to raise a PG after the fact, and dismissal disputes often move quickly. Getting advice early can make a significant difference to strategy, correspondence, and preserving your position.
How BuckettLaw can help
We can advise on whether your dismissal may be unjustified or unlawful, help you assess the strengths and risks of your position, prepare letters and responses, and work with you toward resolution.
Our team can also assist with strategy around negotiation, without prejudice discussions, mediation, and the wider grievance pathway where required.
We have extensive experience advising employees from a range of industries and backgrounds. Our aim is to give frank, practical advice and help you pursue the right outcome.
If you are unsure whether you need an employment lawyer, or want a preliminary discussion on your dismissal issue, get in touch with one of our employment lawyers right away.