When it’s unfair, it can feel even more overwhelming, as you not only face the emotional toll but also the impact on your career and financial stability. However, it’s important to remember that as an employee, you have rights designed to protect you from unfair dismissal. In this blog, we’ll explore how to identify an unfair dismissal and the steps you can take to protect your rights.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates your employment without a valid reason or without following the proper process. In New Zealand, the law requires that employees are dismissed only for fair and just reasons, and employers must follow a fair process in doing so. If either of these elements is missing, the dismissal may be considered unfair.
Some examples of unfair dismissal include:
- Lack of a valid reason: If you’re dismissed without a reasonable cause, such as poor performance, misconduct, or redundancy, it could be an unfair dismissal.
- Improper procedure: Your employer must follow a fair and transparent process when dismissing you, such as providing warnings, offering the opportunity to improve, and holding a fair hearing.
- Discrimination or retaliation: If you’re dismissed due to discrimination (e.g., based on race, gender, or disability) or retaliation for raising concerns, this can also be grounds for an unfair dismissal claim.
How to Identify Unfair Dismissal
It’s important to understand the difference between being dismissed for valid reasons and being unfairly dismissed. Here are key indicators that may suggest you’ve been unfairly dismissed:
Lack of a Warning or Opportunity to Improve: If you were not given prior warnings about your performance or behaviour, and were not given a chance to improve, this may indicate an unfair dismissal.
No Clear Explanation: If your employer didn’t provide a clear reason for your dismissal or if the reason given was vague or unjustified, it could be an indication of unfair treatment.
Breach of Company Policy or Procedures: Employers are required to follow their own procedures outlined in the employment agreement or company policies. If they failed to do this, your dismissal may be considered unfair.
Discrimination or Retaliation: If you believe that your dismissal was linked to discrimination or retaliation for actions like filing a complaint or requesting leave, you may have grounds for an unfair dismissal claim.
The Bottom Line
Unfair dismissal can have serious implications for your career and financial security. It’s essential to understand your rights and take the necessary steps to challenge an unfair dismissal.
We can Help!
At Mahi Law, our experienced employment relations specialists are here to help. If you’ve been unfairly dismissed, we can provide the support and advocacy you need to navigate the process and achieve a fair outcome. We offer No Win, No Fee services, so you can pursue your case with peace of mind.
Want a free consultation?
Fill out this form to get in touch – or contact us at [email protected], or on 027 425 2231.
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