If you've been dismissed from your job and believe it was unjustified, you may have grounds for a personal grievance. We can help you understand your rights and take action.
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An unfair dismissal — or unjustified dismissal — occurs when an employer terminates your employment without a good reason, or without following a fair process. In New Zealand, the Employment Relations Act 2000 protects employees from being dismissed without just cause.
Your employer must have a substantive reason for dismissing you — meaning there must be a genuine and serious reason related to your conduct or performance. They must also follow a procedurally fair process, giving you the opportunity to respond to any allegations before a decision is made.
If either of these requirements is not met, you may have grounds to raise a personal grievance.
You have 90 days from the date of your dismissal to raise a personal grievance with your employer. Missing this deadline may prevent you from taking action.
Talk to us todayWe take the complexity out of employment law so you can focus on moving forward.
We review the circumstances of your dismissal and give you an honest assessment of whether you have a strong case.
We help you draft and submit a personal grievance to your employer within the 90 day timeframe.
Most cases are resolved through mediation. We represent and support you throughout the process.
If mediation fails, we can represent you at the Employment Relations Authority or Employment Court.
We pursue the best possible outcome for you — including lost wages, compensation for humiliation, and reinstatement where appropriate.
We keep you informed at every stage and are available to answer your questions throughout the process.
Employment disputes can feel overwhelming. Here's what to expect when you work with us.
We start with a free, no obligation conversation to understand your situation and advise whether you have a viable case.
We prepare and send a formal personal grievance letter to your employer, clearly setting out the basis of your claim.
Your employer has a chance to respond. We review their position and advise you on next steps.
A mediator from the Ministry of Business, Innovation and Employment facilitates a confidential discussion between both parties. Most cases settle here.
If mediation is unsuccessful, the case proceeds to the Employment Relations Authority for a formal determination.
Whether through settlement or a formal decision, we work to achieve the best possible outcome for you.
While we encourage anyone who believes they've been unfairly dismissed to seek advice, there are some situations where a personal grievance claim may not be available or may be more difficult to pursue.
You must raise your personal grievance within 90 days of your dismissal. This deadline is strict and missing it will almost certainly end your claim.
If you were dismissed within a valid 90 day trial period, your ability to raise a personal grievance is significantly limited. However, the trial period must have been correctly set up to be valid.
Personal grievance rights apply to employees, not independent contractors. If you were engaged as a contractor, the rules are different — though we can still advise you on your options.
If your role was genuinely made redundant due to business restructuring, this may not constitute an unfair dismissal — though the process followed must still be fair.
If you were dismissed for serious misconduct that was proven and handled correctly, it may be difficult to succeed with a grievance claim.
Don't rule yourself out before speaking to us. Many cases that seem straightforward are more complex on closer inspection — in both directions. Get in touch for a free assessment.
Don't wait — the 90 day deadline moves quickly. Get in touch today for a free, no obligation consultation with our team.