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Unfair Dismissal Advice – Wellington
Unfair Dismissal
Losing your job can be a difficult experience, especially if you believe that you were dismissed unfairly. Fortunately, employees have legal rights to challenge the fairness of their dismissal. If you are in this situation, it is important to understand your rights and options.
What is unfair dismissal?
Unfair dismissal occurs when an employee is dismissed from their job and the dismissal was not for a valid reason or the process leading up to the dismissal was unfair. The legal definition of unfair dismissal can vary depending on the jurisdiction, but in general, the criteria include whether the employer had a valid reason to dismiss the employee, whether the employer followed a fair procedure, and whether the employer acted reasonably in all the circumstances.
What are the valid reasons for dismissal?
Employers can dismiss employees for a variety of reasons, but only some reasons are considered valid. For example, if an employee is dismissed due to misconduct, poor performance, redundancy, or the employee is unable to work due to a disability, these reasons may be considered valid. However, if an employee is dismissed because of their age, race, gender, sexual orientation, religion, or other protected characteristic, this would be considered discriminatory and therefore unfair.
What is a fair procedure?
A fair procedure requires the employer to follow a set of guidelines when dismissing an employee. These guidelines should be clearly stated in the employment agreement or company policies. If they are not, then the employer must still follow a fair and reasonable procedure based on the specific circumstances of the case. A fair procedure includes providing the employee with a chance to respond to the reasons for dismissal, giving the employee an opportunity to improve their performance or behavior, and providing a written explanation of the decision to dismiss.
What can you do about in the event of unfair dismissal?
If an employee believes that they have been unfairly dismissed, they can take legal action against their employer. The remedies for unfair dismissal vary, but in general, they may include reinstatement, compensation, or a settlement agreement. Reinstatement means that the employee is given back their job as if the dismissal never happened. Compensation is a financial payment made to the employee to compensate them for their loss of earnings and other losses resulting from the dismissal. A settlement agreement is an agreement between the employer and employee that resolves the dispute without going to court.
What should you do if you believe you have been unfairly dismissed?
If you believe that you have been unfairly dismissed, there are steps you can take to challenge the decision. Firstly, you can request a written statement from your employer explaining the reasons for your dismissal. This request should be made within 60 days of the dismissal. If your employer fails to provide a written statement, you may be able to raise a grievance after the end of the 90-day notice period in special circumstances. Secondly, you can make a claim for unfair dismissal to an employment tribunal or court. The time limits for making a claim vary depending on the jurisdiction, but in general, you have three months from the date of your dismissal to make a claim.
Speak to Jamieson Partners to discuss your options
Being unfairly dismissed can be a stressful and upsetting experience, but it is important to remember that you have legal rights and options. If you believe that you have been unfairly dismissed, seek advice from Jamieson Partners to consider your options and next steps.
If you think may have been unjustifiably dismissed, please contact me to discuss your options.
Complete the form on the right for a free 15 minute consultation.