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Process

Each listed firm's approach to termination and dismissal cases is methodical and evidence-based. We begin with a detailed case assessment, reviewing employment agreements, company policies, and all correspondence related to the termination. Our analysis is grounded in the Employment Relations Act 2000 and relevant case law, ensuring every argument is legally sound. We quantify potential remedies, such as lost wages, which can be awarded for up to three months, and compensation for humiliation, loss of dignity, and injury to feelings. A key step involves assessing whether the employer followed a fair process, as procedural flaws often render a dismissal unjustified. We then guide clients through mediation or litigation, providing robust representation at every stage, including matters of Wrongful Dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Personal Grievance Filing Deadline | 90 days from dismissal |
| Typical Mediation Timeline | 4-8 weeks |
| Maximum Lost Wages Reimbursement | Up to 3 months |
| Common Case Resolution Pathways | Mediation, Authority Investigation, Court |
Local Considerations — New Zealand
Employment law practice in New Zealand requires an understanding of both national statutes and regional employment court jurisdictions. While the law is uniform, practical application can be influenced by local economic factors, such as the concentration of tech startups and SaaS firms in Auckland or public sector and policy roles in Wellington. Our national coverage means we are adept at representing clients across these diverse sectors and locations, from Christchurch's manufacturing and agriculture sectors to the professional services hub of Auckland. We tailor our strategy to the specific circumstances prevalent in different regions, ensuring effective representation whether your case is filed in Auckland, Wellington, or elsewhere in New Zealand.
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Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Privacy Act 2020
- Good Faith Obligations
Frequently Asked Questions
What is the difference between unjustified dismissal and redundancy?
Unjustified dismissal occurs when an employer terminates employment without a substantiated reason or a fair process. Redundancy is a genuine business decision where a role is disestablished. A redundancy can still be challenged if the process is not genuine or conducted unfairly.
What constitutes a fair dismissal process in New Zealand?
A fair process typically includes providing the employee with clear reasons for the proposed dismissal, allowing them a genuine opportunity to respond, considering their feedback in good faith, and offering the right to have a support person present during meetings.
How long does it take to resolve a dismissal case?
Timelines vary significantly. While mediation can often be scheduled within weeks, if a case proceeds to the Employment Relations Authority for a determination, the process may take several months, depending on complexity and hearing availability.
How much does Termination & Dismissal legal advice cost in New Zealand?
Costs depend entirely on the case's complexity, the volume of evidence, and whether it settles early or proceeds to a hearing. For straightforward advice or document review, fixed fees may apply. For litigation, work is typically billed hourly. We provide transparent cost agreements and estimates after an initial case assessment.