What to Do If You Are Fired

The first 24-48 hours after being fired are crucial for protecting your legal rights. Your immediate priority should be documenting everything while the details are fresh in your memory and securing any evidence that might support a potential claim.

Start by writing down exactly what happened during your dismissal meeting - who was present, what was said, what reasons were given, and whether you were allowed to respond. Note the date, time, and location of the meeting, and record any witnesses who might have observed relevant events.

If you haven't already received it, request a written explanation of your dismissal from your employer. They should provide this anyway, but asking for it in writing creates a paper trail. Also request copies of any documents related to your dismissal, including investigation reports, witness statements, or performance reviews.

Avoid making any statements on social media about your dismissal or former employer, as these could potentially be used against you later. Similarly, don't sign any documents your employer presents without getting legal advice first, especially settlement agreements or releases.

Not all dismissals are the same under employment law, and understanding what type of dismissal you've experienced is crucial for determining your rights and options. The main categories include dismissal for misconduct, performance issues, redundancy, and what's known as constructive dismissal.

Misconduct dismissals occur when an employer believes you've breached your employment obligations through actions like theft, dishonesty, or serious policy violations. However, even for serious misconduct, employers must follow proper investigation procedures and give you a fair opportunity to respond before dismissing you.

Performance-related dismissals happen when an employer believes you're not meeting job requirements. These require clear performance standards, adequate training and support, reasonable timeframes for improvement, and fair warning before dismissal occurs.

Redundancy occurs when your role is no longer required, often due to business restructuring or economic pressures. Genuine redundancy requires proper consultation, consideration of alternatives, and fair selection processes if multiple employees are affected.

Constructive dismissal happens when working conditions become so intolerable that you're forced to resign. This might occur due to significant changes to your role, ongoing harassment, or breach of your employment agreement by the employer.

Determining whether your dismissal was justified requires examining both the reasons given and the process followed by your employer. Under New Zealand employment law, dismissals must be both substantively and procedurally fair to be lawful.

Substantive fairness means your employer must have genuine, serious reasons that justify ending your employment. Minor performance issues, personality conflicts, or business preferences generally don't meet this threshold. The reasons must be significant enough to warrant the extreme step of termination.

Procedural fairness requires your employer to follow proper processes before dismissing you. This includes conducting fair investigations, giving you adequate notice of concerns, providing opportunities to respond and improve, and considering alternatives to dismissal.

Key procedural requirements include giving you details of allegations or concerns, allowing you to have a support person present at meetings, conducting proper investigations before reaching conclusions, and providing reasonable timeframes for you to respond or improve performance.

If your employer failed to meet either substantive or procedural fairness standards, you may have grounds for an unfair dismissal claim. Common procedural failures include dismissing you without investigation, not allowing you to respond to allegations, or failing to consider alternatives like additional training or role modifications.

Strong evidence is essential for any potential employment law claim, and the sooner you start collecting it, the better your chances of success. Focus on gathering documents, communications, and witness information that demonstrate either procedural failures or lack of genuine reasons for your dismissal.

Start with your employment agreement, job description, and any performance reviews or disciplinary records. These establish your role, responsibilities, and your employer's previous assessment of your performance. If your recent reviews were positive, this could contradict claims of poor performance.

Collect all emails, text messages, or other communications with your manager, HR, or colleagues that relate to your dismissal or the events leading up to it. This includes any warnings given, meetings scheduled, or discussions about your performance or conduct.

Document any witnesses who observed relevant events, such as the dismissal meeting, incidents that led to your dismissal, or your general work performance. Get their contact details and ask if they'd be willing to provide a statement if needed.

Keep records of your work output, achievements, and any positive feedback from clients or colleagues. This evidence can counter claims of poor performance and demonstrate your value to the organisation.

If your dismissal relates to a workplace complaint you made or your involvement in union activities, gather evidence of this connection, as it could indicate unlawful retaliation or discrimination.

Time limits in employment law are strict and unforgiving. Missing these deadlines can permanently bar you from seeking compensation, regardless of how strong your case might be. Understanding and acting within these timeframes is absolutely critical.

The most important deadline is the 90-day limit for raising a personal grievance. This period runs from the date of your dismissal or when you first became aware of the action you want to challenge. Once this deadline passes, you generally cannot pursue a claim for unjustified dismissal.

However, there are limited exceptions where this timeframe might be extended. These include situations where you were not aware of your right to raise a grievance, where your employer misled you about your rights, or where exceptional circumstances prevented you from acting within the deadline.

Don't wait until the last minute to seek legal advice. Employment lawyers need time to assess your case, gather evidence, and prepare proper documentation. Starting the process early also gives you more options, including the possibility of resolving matters through direct negotiation with your employer.

If you're approaching the 90-day deadline, you can preserve your rights by raising a personal grievance with your employer, even if you haven't decided whether to pursue it further. This stops the clock while you consider your options and seek legal advice.

Once you've assessed your situation and gathered evidence, you have several options for addressing an unfair dismissal. The best approach depends on your specific circumstances, the strength of your case, and what outcome you're seeking.

Direct negotiation with your employer is often the fastest and least expensive option. This might involve writing to your employer explaining why you believe the dismissal was unfair and requesting compensation or other remedies. Many employers prefer to resolve matters privately rather than face formal proceedings.

Mediation through the Ministry of Business, Innovation and Employment is a free service that can help you and your employer reach a mutually acceptable resolution. A neutral mediator facilitates discussions, and any agreement reached is legally binding.

If mediation doesn't resolve the matter, you can take your case to the Employment Relations Authority (ERA). This is a more formal process where an Authority member makes a binding decision based on the evidence presented. The ERA can order compensation, reinstatement, or other remedies if it finds in your favour.

In some cases, you might also consider raising your concerns with other agencies. For example, if your dismissal involved discrimination, you could complain to the Human Rights Commission. If safety issues were involved, WorkSafe might be relevant.

Each option has different timeframes, costs, and potential outcomes. An employment lawyer can help you understand which approach is most likely to succeed in your particular situation and guide you through the chosen process.

If your dismissal is found to be unjustified, you may be entitled to various forms of compensation and remedies. Understanding what might be available can help you make informed decisions about whether to pursue a claim and what settlement offers might be reasonable.

Lost wages are typically the largest component of compensation. This covers the income you've lost from your dismissal date until you find comparable employment, subject to certain limits. You're expected to actively seek new work and mitigate your losses, but you can claim for the period of genuine unemployment.

Compensation for hurt and humiliation recognises the emotional impact of unfair treatment. Awards typically range from a few thousand dollars for minor cases to $25,000 or more for serious cases involving significant distress, public embarrassment, or damage to reputation.

You may also be entitled to reimbursement for lost benefits such as health insurance, company car, or superannuation contributions. If your dismissal affected your ability to secure new employment at a similar level, this could also factor into compensation calculations.

In exceptional cases, the Employment Relations Authority might order reinstatement, requiring your employer to give you your job back. However, this is relatively rare and usually only occurs where the employment relationship can realistically be restored.

The total compensation depends on factors including your salary, length of service, the circumstances of your dismissal, your efforts to find new work, and the impact on your career and wellbeing. Understanding how compensation is calculated can help you assess whether settlement offers are fair.

Beyond the legal aspects of your dismissal, there are practical matters that need immediate attention to protect your financial position and future career prospects. Addressing these quickly can reduce the overall impact of losing your job.

Contact Work and Income New Zealand immediately to understand what benefits you might be entitled to while seeking new employment. You may be eligible for the Jobseeker Support benefit, and they can also provide assistance with job searching and retraining if needed.

Review your financial commitments and contact creditors if you're likely to have difficulty meeting payments. Many lenders have hardship provisions that can provide temporary relief while you're between jobs. Acting proactively is better than waiting until you miss payments.

Consider your health insurance and other benefits that were tied to your employment. You may need to arrange alternative coverage or exercise any continuation options available under your previous employer's policies.

Start job searching immediately, both to mitigate your financial losses and because actively seeking work strengthens any potential compensation claim. Keep records of your job search efforts, including applications made and interviews attended.

Be careful about what you say to potential employers about your dismissal. While you should be honest, you don't need to volunteer detailed information. Focus on your skills and experience, and consider getting advice on how to address questions about your departure from your previous role.

While you can raise a personal grievance without a lawyer, employment law is complex and the stakes are high. Getting professional legal advice early can make the difference between a successful claim and losing out on significant compensation.

Seek legal help immediately if you're close to the 90-day deadline for raising a personal grievance. Even if you're unsure about pursuing a claim, a lawyer can help preserve your rights while you consider your options.

Complex cases involving discrimination, serious procedural failures, or high-value claims almost always benefit from professional representation. Lawyers understand the legal standards, know how to present evidence effectively, and can negotiate better outcomes than most people achieve on their own.

If your employer has offered a settlement agreement, get independent legal advice before signing anything. These agreements typically prevent future claims, so you need to understand exactly what you're giving up and whether the offer reflects the true value of your potential claims.

Consider legal help if your case involves multiple legal issues, such as discrimination combined with unfair dismissal, or if your employer is represented by lawyers. Having professional representation levels the playing field and ensures your interests are properly protected.

Many employment lawyers offer initial consultations to assess your case and explain your options. This can help you understand the strength of your position and make informed decisions about how to proceed. Understanding when to get legal help can save you time, money, and stress in the long run.