It’s an awful situation to find yourself in, but it actually happens more often than you may think.  Being sacked, fired, or instantly (summarily) dismissed without notice can be a huge shock to your system, and your finances!  Feeling bewildered and not knowing where to turn or what to do is common.  So, to give you a bit of advice with where to start we’re going to cover off the basics below.  Were you on a trial period? Was your suspension fair? Did your employer follow a fair process? Did the punishment fit the crime? How do I raise a personal grievance if I think I was unjustifiably dismissed? We’ll answer these questions and more.

Unjustified Dismissal Employee Started Work

In a recent case out of the Christchurch Employment Relations Authority, two employees were unjustifiably dismissed before they had even commenced work.

Employee Reimbursed Cancelled Holiday

The Employment Relations Authority determined that an unjustifiably dismissed employee had suffered the loss of a benefit because he had to cancel a pre-arranged holiday and it awarded the employee the amount of the cancellation fee.

Rest Break Give Employee Leave Premises

An employee who, while she was on duty as bar manager, left the premises for only a few minutes to attend to personal matters was dismissed justifiably for serious misconduct.

Employers Kiwisaver Contributions Deducted Minimum Wage

The Court of Appeal has dismissed an appeal from an aged care provider that sought to deduct KiwiSaver compulsory employer contributions from the minimum wages it paid its caregivers.

Dismissal Justified Misrepresentations Health

An employer who dismissed an employee for failing to disclose a medical condition that could have affected his employment was held to have good grounds for terminating the employee’s employment.

Case Headhunting Costly

An employer who entices an employee into leaving a good job with promises of an even better job, and who subsequently makes the employee redundant, may find that its earlier representations amount to an estoppel which will support a conclusion that a fair and reasonable employer would not have dismissed the employee.

Case Study Circumstances Constructive Dismissal

Background: I am the owner of a club and bar in downtown Auckland. My night-time receptionist X has brought a personal grievance against my company claiming that she has been constructively dismissed as a result of events on 10 October and following. X has always been a good worker and a popular employee.

Subscribe to Newsletter

* indicates required