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Max Whitehead | Whiteheadgroup

How to Fight Unfair Dismissal from Job in Auckland, NZ

Jan 16th 2014 at 2:25 AM

Unfair dismissal is a term used in labour law, an act of termination without a valid reason or to the contrary of the country’s legislation. Unfair employee dismissals are common in Auckland and a high percentage of cases are registered for personal grievance claims and unjustified dismissals that were not resolved at intervention. The Employee Relations Act of 2000 in New Zealand legislation grants all employees a right to track a personal grievance in the case of any of the following complaints:

· A dismissal that is unjustified

· Unjustified disadvantage or action

· Discrimination

· Sexual harassment

· Duress over membership of employee organisation

· Racial harassment

It is fair that you fight for unfair dismissal under the provision of NZ lawand claim for an unjustified dismissal by raising a personal grievance against the employer. However, if anindividual is given a notice of 90 days or fewer, then it complies with 67A and 67B of the ERA, and may not be able to raise a personal grievance for unjustified dismissal.

Raising a personal grievance:

There is a 90-day limit for the employee to raise a personal grievance with the employer, and for unjustified dismissal, this will be within 90 days of the employee being dismissed. If possible, both parties should attempt to resolve the grievance. If not,mediation should follow. The parties can choose an independent mediator or arrange for one with the Ministry of Business, Innovation and Employment’s mediation service. Mediation can done either be face-to-face or by phone, fax or email. Once both parties are satisfied, the mediation is signed; this will become final and binding on both parties. If, for some reason, mediation fails, the next step would be to apply for fortitude to the employment relations authority.

Remedies for unfair dismissal:

· Reinstatement of the employee to their position or one that has similar advantages.

· Reimbursement for lost wages or any other benefits lost during the course of dismissal.

· Compensation for hurt, loss of dignity and humiliation.

· Other costs such as legal expenses incurred in pursuing a personal grievance.

The procedure is tricky and not straightforward.In case of confusion, it is advisable to consult an Employment Law Advice firm that can help you through the personal grievance procedure and ensure that all of your worries are properly addressed. Go online to find more information on firms and employee rights in New Zealand.

About The Author:

Whitehead Group is a leading human resource and employment practitionerwith more than 25 years of experience in human resources within New Zealand and Australia.They have worked with clients like Auckland City Council, Ports of Auckland, Affco New Zealand Ltd, Shell Oil and many more. Whitehead Group is one of the best Auckland-based employment law specialists that provide expert employment advice to both employers and employees in Auckland, Hamilton and New Plymouth.

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