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Process
Our legal procedure begins with an immediate, detailed case assessment to determine if your dismissal meets the legal threshold for a personal grievance, such as being unjustified or procedurally unfair. We gather all relevant documentation, including your employment agreement, termination letter, and correspondence. A key step is filing a written statement of problem with the Employment Relations Authority within the 90-day deadline, a process governed by the Employment Relations Act 2000. Our team then engages in mediation, a mandatory step under the Act, where over 70% of employment disputes are resolved. We prepare a robust evidential case, advising on potential remedies like reimbursement of lost wages (up to 3 months) or compensation for humiliation, loss of dignity, and injury to feelings.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Time Limit to Raise a Personal Grievance | 90 days from the date the problem occurred |
| Typical Mediation to Resolution Timeline | 4-12 weeks |
| Maximum Reimbursement for Lost Wages | Up to 3 months' ordinary time pay |
| Common Authority Investigation Timeline | 3-9 months from filing |
Local Considerations — New Zealand
Employment law practice in New Zealand requires adaptation to distinct regional economic drivers. In Auckland's dense corporate and startup sector, dismissals often involve complex contractual and restraint of trade issues. Wellington's public service and government agency environment presents unique procedural and good faith obligations. Christchurch's rebuild and industrial base sees different patterns in restructuring and redundancy cases. Our national team is structured to address these regional nuances, ensuring our advice on What To Do When You Get Fired is practically grounded in the local employment landscape, whether the client is in Auckland, Wellington, or Christchurch.
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Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Good Faith Obligations (s 4 ERA)
- Privacy Act 2020
Frequently Asked Questions
What is the legal definition of an unjustified dismissal in New Zealand?
Under the Employment Relations Act 2000, a dismissal is unjustified if the employer did not have a substantively justifiable reason (like misconduct or redundancy) and/or did not follow a fair procedure. This includes acting in good faith, providing proper notice, and allowing the employee a chance to respond before a decision is made.
What happens if I miss the 90-day deadline to raise a personal grievance?
The Employment Relations Authority has the discretion to grant a leave to raise a grievance out of time, but this is not guaranteed. You must demonstrate that the delay was due to exceptional circumstances. It is critical to seek legal advice immediately if you are near or past the deadline to assess any potential avenues.
What remedies can I seek if my dismissal is found to be unjustified?
Primary remedies include reimbursement for lost wages (capped) and compensation for humiliation, loss of dignity, and injury to feelings. The Authority may also order reinstatement. The specific award depends on the severity of the breach and your individual losses, as assessed against legal precedents.
How much does legal advice for an Employment Insurance claim cost in New Zealand?
Legal costs depend entirely on the complexity of your case, the volume of evidence, whether mediation resolves it, and if an Authority investigation is required. Many cases are resolved at mediation. We provide transparent fee structures, including fixed-price options for initial advice. The best approach is to request a specific cost estimate following a preliminary case assessment.