Are you an employee who has been dismissed from their job? Or, are you an employer who is looking at dismissing an employee?

Dismissals in employment are governed by the Employment Relations Act 2000. There are two main requirements an employer must meet when dismissing an employee. These are that the dismissal must be substantively justifiable and it must be carried out in a procedurally fair manner.

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What does this mean in a practical sense?

Procedurally fair

Before making any decision to dismiss an employee an employer must investigate the circumstances and allow the employee the chance to respond to any of the allegations against them. The employer must then genuinely consider the employees explanation before they take any further action in dismissing the employee.

 

Substantively justifiable 

The employer must be able to show that the dismissal was a fair and reasonable outcome. It must be determined that a fair and reasonable employer in the same situation would make the same decision the employer has made.

An employee can challenge a dismissal on the basis that it was procedurally unfair and/or not substantively unjustifiable. This can be done by raising a personal grievance claim within 90 days of the dismissal occurring.

Do you believe you have been unjustifiably dismissed from your job? Or, are you an employer who wants to avoid the risk of having a personal grievance claim raised against you?

Contact us, we would be happy to help! Employees, we can assess whether you have been unjustifiably dismissed and help you with raising a personal grievance claim should you wish to do so. Employers, it is best practice to get legal advice before dismissing an employee to make sure that you are following the proper processes.