Unfair Dismissal (Unjustified or Wrongful Termination) -We’re Here to Help

No Win, No Fee – We Fight for Your Rights

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Talk with one of our friendly team members today!

Are You in the Right Place?

You were dismissed without a clear, valid reason or without a fair, documented process.

You resigned due to employer conduct (possible constructive dismissal). 

You were made redundant without genuine business reasons or fair consultation (e.g., no meaningful feedback window, no redeployment consideration).

You were dismissed during a trial period that may be invalid (e.g., not agreed in writing before starting), or you suspect discrimination/harassment. 

If any of the above apply to you, you could be eligible for an Unfair Dismissal claim.

On a valid 90‑day trial, you generally can’t claim unjustified dismissal but can claim discrimination/harassment.

What Counts As Unfair |
Wrongful | Unjustified Dismissal? 

A dismissal becomes “unjustified” when your employer either:

  1. Didn’t have a good reason, or
  2. Didn’t follow a fair process.

 

This includes situations where: 

  • Allegations weren’t properly investigated
  • You weren’t given a chance to respond
  • The outcome was predetermined
  • The process was rushed, unclear, or poorly documented
  • The reason given doesn’t align with your performance or behaviour 

 

If any of these sound familiar, you may have a strong case. 

How Sacked Kiwi Can Help

We’re employment law experts who help employees stand up against unfair treatment. We support you by:

Reviewing your dismissal and identifying where process or reason was flawed 

Preparing and filing your personal grievance 

Representing you in MBIE mediation 

Escalating to the Employment Relations Authority (ERA) if needed 

Fighting for remedies such as lost wages, compensation, reinstatement, and more  

Most unfair dismissal cases are eligible for our No Win, No Fee service – meaning you don’t pay unless we win. We’ll always tell you upfront if your case qualifies. 

You're not alone - and what you’re feeling is normal

Being dismissed can shake your confidence, your finances, and your sense of security. 
Many of our clients come to us feeling stressed, anxious, and unsure where to turn. 
We’re here to guide you through every step, explain everything clearly, and help you regain control. 

Sacked Kiwi NZ's Employment Law Experts left speech mark

Testimonials

Unfair employee dismissal happens all too often and it shouldn't be accepted or tolerated.
We invite you to read the experiences of the people we have helped over the years.

Why you should seek professional help

  • Deadlines are strict: Most dismissal‑related personal grievances must be raised within 90 days (12 months for sexual harassment PGs) 
  • Free government mediation exists: MBIE provides confidential, free mediation; proper preparation maximises outcomes. 
  • Potential remedies: Reinstatement, lost wages reimbursement, and compensation for hurt/humiliation – depending on facts 
  • Written reasons: You can ask your employer for written reasons for dismissal within 60 days; they must respond within 14 days. 

Why choose Sacked Kiwi

NZ‑wide employment advocacy, focused on employee rights 

We keep it simple.
No win- No Pay

Rapid triage, clear advice, and representation at mediation and ERA 

Professional, practical guidance – so you know what happens next 

Getting Started is Simple:

Step 1

Contact us for a free, confidential case review 

Briefly describe what happened and share any supporting documents.

Step 2

Our team will assess
your situation

We identify process faults, legal issues, and whether you have a strong case. 

Step 3

Leave the rest of the
details to us

We handle the paperwork, negotiations, and representation – you focus on moving forward. 

Step-by-step

Understanding Unfair Dismissal in New Zealand

  • NZ law requires good reason and a fair process for dismissal; the s 103A test asks if the employer acted as a fair and reasonable employer could.
  • You can bring a personal grievance for unjustified dismissal and related issues. 
  • No valid reason (e.g., allegations not proven or trivial). 
  • Procedural failures (e.g., inadequate investigation, no genuine chance to respond).  
  • Discrimination/retaliation or using redundancy as a disguised dismissal. 
  • Employment agreement and any variations 
  • Correspondence (emails, letters, meeting invites/minutes) 
  • Timeline of events (dates, what happened, who was present) 
  • Evidence (warnings, policy references, performance plans) 

(Don’t worry if you don’t have everything – we’ll help fill gaps.) 

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Your Job, Your Rights, Our Fight

Frequently Asked Questions

You must raise the personal grievance within 90 days of the action or when you became aware of it (whichever is later). There are limited exceptional circumstances for late claims; sexual harassment PGs have 12 months. 

What’s the difference between “unfair” and “unjustified” dismissal? 

Unfair dismissal” is commonly used, but the NZ legal term is “unjustified dismissal.” It covers dismissals without good reason or without fair process under the s 103A test.

Can I claim unfair dismissal if I resigned?

Possibly. If your resignation was due to constructive dismissal (the employer’s actions or inaction made your job untenable), you may raise a personal grievance.  

What if I was on a trial period?

On a valid 90‑day trial, you generally can’t bring a PG for unjustified dismissal, but you can bring claims for discrimination or harassment. Trial periods must be agreed in writing before you start and meet strict criteria.  

How long do I have to lodge a claim? 
You must raise the personal grievance within 90 days of the action or when you became aware of it (whichever is later). There are limited exceptional circumstances for late claims; sexual harassment PGs have 12 months. 
Can I get my job back?

Reinstatement is a possible remedy if it’s practicable and reasonable; other remedies include lost wages and compensation for hurt/humiliation. 

your future is worth fighting for

90‑day deadline: Don’t miss your window to raise a personal grievance.  

What happens next: We’ll assess your case, explain options, and act fast on your behalf – often starting with free MBIE mediation. 

Talk to Sacked Kiwi: Call 0508 227 799, or request a Free Case Review via the form above