In the realm of Employment Law in New Zealand, few issues are as distressing and impactful as an unjustifiable dismissal. For many people, their job is not just a means of income but a significant part of their livelihood and identity. Being unfairly dismissed can shatter both professional and personal stability, making it crucial for employees to understand their rights and options under New Zealand law.
What Constitutes Unjustifiable Dismissal?
Unjustifiable dismissal, as per the Employment Relations Act 2000, occurs when an employer terminates an employee’s contract in a manner considered harsh, unjust, or unreasonable. This can encompass various scenarios, including:
1. Lack of Fair Process: Employers must follow a fair process when dismissing an employee. This involves providing clear reasons for dismissal, allowing the employee to respond, and considering alternatives to dismissal where appropriate.
2. Discrimination or Retaliation: Dismissing an employee based on discriminatory reasons such as race, gender, age, or disability is unlawful. Similarly, retaliating against employees for exercising their legal rights (such as raising grievances or joining a union) constitutes unjustifiable dismissal.
3. Procedural Errors: Even if the reason for dismissal is valid, procedural errors such as failing to provide sufficient notice or not allowing the employee to have a support person present during meetings can render the dismissal unjustifiable.
Your Rights as an Employee
As an employee in New Zealand facing dismissal, you have several rights protected under the law:
1. Right to Be Informed: You have the right to know why you are being dismissed. Your employer must provide clear reasons directly related to your conduct, capacity, or the business’s operational requirements.
2. Right to Respond: You have the right to respond to the reasons for your dismissal. This includes providing your perspective, presenting evidence, or correcting any misunderstandings that may have led to the decision.
3. Right to Fair Process: Employers must adhere to a fair and reasonable process throughout the dismissal procedure. This includes giving you sufficient notice of meetings, allowing you to bring a support person, and genuinely considering any alternative measures to dismissal.
4. Right to Challenge: If you believe you have been unjustifiably dismissed, you have the right to challenge this through various avenues, such as mediation, the Employment Relations Authority (ERA), or the Employment Court.
Recourse for Unjustifiable Dismissal
If you feel you have been unfairly dismissed, it’s essential to take action promptly:
1. Seek Advice: Contact an employment advocate or lawyer specialising in Employment Law. They can provide expert advice tailored to your situation and guide you through the process of challenging the dismissal.
2. Mediation: In many cases, dismissal disputes can be resolved through mediation. A mediator facilitates discussion between you and your employer to reach a mutually acceptable resolution.
3. Employment Relations Authority (ERA): If mediation is unsuccessful or if you prefer a formal process, you can lodge a claim with the ERA. The ERA will investigate your case, hear from both parties and make a determination based on the evidence presented.
4. Employment Court: In some cases, particularly complex or contentious, you may need to escalate your claim to the Employment Court. The court has the authority to hear and rule on employment disputes, including cases of unjustifiable dismissal.
Conclusion
Unjustifiable dismissal is a serious matter that can have significant implications for your career and financial, physical, and mental well-being. If you believe you have been unfairly dismissed, it’s crucial to understand your rights and take action promptly. Seeking advice from an experienced employment advocate, such as Sacked Kiwi, can empower you to navigate the complexities of New Zealand Employment Law and pursue a fair resolution. Remember, you are entitled to fair treatment and due process in the workplace—knowing your rights is the first step towards protecting them.
By advocating for fair treatment and understanding the avenues available to challenge unjustifiable dismissal, employees can assert their rights and uphold standards of fairness and equity within the workplace.
Legal Disclaimer
The content posted on the Sacked Kiwis website should not be considered or relied upon as legal advice or opinion. The information presented here is not intended to serve as legal guidance. Over time, laws and regulations evolve, potentially altering the accuracy of previously shared information. Updates in jurisprudence or legislation (for example, changes to the Employment Relations Act), which could happen without immediate notice, may render the legal information on this platform outdated or obsolete. Seeking legal advice is always advisable.
Should you need employment advice, please don’t hesitate to contact us through our toll-free hotline.
