What are my rights if I was unfairly dismissed in NZ?

Under s103 of the Employment Relations Act 2000, you can raise a personal grievance if you believe you were unjustifiably dismissed.

What makes a dismissal unjustified: Under s103A, the test is whether your employer's actions were what a fair and reasonable employer could have done in all the circumstances. Courts consider:

• Was there a substantive reason for dismissal?
• Was the correct process followed? (investigation, opportunity to respond, warnings where appropriate)
• Was dismissal proportionate to the conduct?

Common examples of unjustified dismissal:

• Dismissed without warning for a first minor offence
• Dismissed without being given a chance to respond to allegations
• Dismissed for a reason that doesn't hold up (fabricated misconduct)
• Dismissed while on sick leave (may still be justifiable, but process must be followed)

What you can claim:

• Reinstatement (primary remedy where practicable)
• Reimbursement of lost wages
• Compensation for hurt, humiliation, and loss of dignity (typically $5,000–$40,000)

Time limit: 90 days from date of dismissal (s114 ERA 2000).

How to start: Notify your employer in writing that you intend to raise a personal grievance. Then apply to the Employment Mediation Service (free, confidential).

Source: Employment Relations Act 2000, s103, s103A — View on legislation.govt.nz