Employment Law: Unfair Dismissal in New Zealand

The Employment practice area in New Zealand focuses on the rights and responsibilities of both employers and employees. One important part of this area is unfair dismissal. This happens when an employee is let go from their job in a way that is not fair or justified.

What is Unfair Dismissal?

Unfair dismissal means that an employee has been fired without a good reason or without following the proper process. In New Zealand, the law protects employees from being dismissed unfairly. For example, if someone is fired just because their boss doesn't like them, or because they took sick leave, this could be considered unfair dismissal.

Examples of Unfair Dismissal

• Being Fired for Taking Leave: If an employee takes time off for a medical issue and is then dismissed, this may be unfair.
• Not Following Proper Procedures: If an employer does not follow the correct steps, like giving warnings before firing someone, it could be seen as unfair.
• Discrimination: If an employee is dismissed because of their age, gender, or ethnicity, this is also unfair dismissal.

What Can You Do?

If you believe you have been unfairly dismissed, you can take action. In New Zealand, you can file a claim with the Employment Relations Authority (ERA). They will look into your case and decide if the dismissal was unfair. It’s important to gather any evidence, like emails or witness statements, to support your claim.

Conclusion

Understanding unfair dismissal is crucial for both employees and employers. Knowing your rights can help you navigate the workplace better. If you ever find yourself in a situation where you feel you have been unfairly dismissed, seeking legal advice can be a good step to take.