Best Hiring & Firing Lawyers in Dunedin

About Hiring & Firing Law in Dunedin, New Zealand

Hiring and firing practices in Dunedin are governed by New Zealand employment law, which sets out rights and responsibilities for both employers and employees. Whether you are an employer recruiting staff or an employee starting a job, the key legal framework includes rules about employment agreements, minimum entitlements, fair process for discipline and dismissal, and protections against discrimination and unjustified dismissal.

Local courts and dispute resolution bodies in New Zealand handle employment disagreements. Employers in Dunedin must follow the same national statutes and employment standards that apply across the country, while also taking into account local business conditions and any applicable collective agreements or industry norms. This guide gives a practical overview of what to expect and where to get help if you face a hiring or firing issue.

Why You May Need a Lawyer

You may need a lawyer if you face complex or contested issues during hiring or firing. Examples include alleged unjustified dismissal, disputes about redundancy or restructuring, alleged breaches of employment agreements, claims of discrimination, bullying or harassment, and disputes over wages, holiday pay or other entitlements.

Other common scenarios that benefit from legal advice include negotiating employment agreements for senior employees, drafting effective contracts and position descriptions, handling disciplinary processes where dismissal is a possible outcome, responding to a personal grievance notice, and defending a claim in the Employment Relations Authority or Employment Court. Lawyers can also help employers design compliant policies, run fair performance-management processes, and reduce the risk of costly litigation.

Local Laws Overview

Employment law in Dunedin is part of New Zealand national law. Key statutory frameworks include the Employment Relations Act, Holidays Act, Health and Safety at Work Act, Minimum Wage Act and Human Rights protections. Together these laws cover employment agreements, collective bargaining, personal grievances, minimum pay and leave entitlements, workplace safety, and protection against unlawful discrimination.

Employment agreements must set out the main terms of work. Written agreements are strongly recommended and in some cases required. Trial periods and probationary clauses can affect the process for dismissals - their availability and enforceability can depend on how they are written and current legislation, so check the up-to-date rules before relying on them.

Personal grievance procedures allow employees to raise complaints about unjustified dismissal, discrimination, unjustified disadvantage, or harassment. There are time limits for raising grievances, so acting promptly is important. Where mediation does not resolve a dispute, the Employment Relations Authority and Employment Court can hear claims and impose remedies such as reinstatement, compensation or orders to correct breaches.

Health and safety obligations require employers to take all practicable steps to ensure worker safety. If dismissal or disciplinary action involves complaints about health and safety or harassment, these obligations intersect with employment process obligations and can complicate disputes.

Frequently Asked Questions

What should be included in an employment agreement?

An employment agreement should describe the parties, job title and duties, hours of work, place of work, remuneration and pay frequency, holiday and leave entitlements, notice periods for termination, any probation or trial period wording, confidential information and intellectual property clauses if relevant, and reference to workplace policies. Clear agreements reduce uncertainty and the risk of disputes.

Can I hire someone on a fixed-term or casual basis?

Yes. Fixed-term and casual arrangements are commonly used, but they must be genuine. Fixed-term agreements should have a legitimate reason for a set term and should state the end date or event that ends the agreement. Repeated use of fixed-term contracts for ongoing roles can be challenged as unlawful. Casual employment should accurately reflect irregular hours and lack of guaranteed work.

What is a fair process for performance management and dismissal?

Fair process generally involves informing the employee of performance concerns, giving clear examples, offering an opportunity to respond, providing support or training if appropriate, and setting reasonable timeframes to improve. If dismissal is being considered, the employer should hold a meeting, give the employee a chance to explain, and consider alternatives before making a final decision. Documenting each step is important.

What is a personal grievance and how long do I have to raise one?

A personal grievance can be raised when an employee believes they have been unjustifiably dismissed, disadvantaged, discriminated against, or subjected to harassment. Employees should raise a grievance promptly. There is a typical 90-day time limit from when the employee became aware of the problem, although exceptions can be made in some circumstances. Seek advice early to preserve your options.

Do I have to give notice when I dismiss or resign?

Notice periods are usually set out in the employment agreement. If the agreement is silent, statutory minimums or reasonable notice may apply depending on the role and length of service. Summary dismissal without notice is only lawful in cases of serious misconduct where immediate dismissal is justified, and the employer must be able to show a fair and reasonable process.

What rights do employees have if their role is made redundant?

Redundancy is lawful where the employer has genuine business reasons such as restructuring or economic necessity. Employers should consult with affected employees, consider alternatives, and follow any redundancy clause in the employment agreement. Redundancy payments are based on the terms of the agreement or company policy, and employees can raise a personal grievance if the redundancy is not genuine or the process is unfair.

Are trial periods or probation clauses enforceable?

Trial periods and probationary clauses may be used to assess suitability for a role, but their enforceability depends on how they were drafted and current legislation. Some trial period clauses have specific requirements - for example they may need to be in writing and may not be available to all employers. Because the rules can change, confirm the current legal position before relying on a trial clause to dismiss someone.

What remedies are available if I win an employment dispute?

Remedies can include reinstatement of employment, compensation for lost wages, reimbursement for lost entitlements, and orders to correct breaches of an employment agreement or the law. The Employment Relations Authority and Employment Court can make these orders, and the remedies available depend on the nature of the breach and the circumstances of the case.

How can I prove unfair dismissal or discrimination?

Evidence is crucial. Keep copies of the employment agreement, payslips, performance reviews, warnings, meeting notes, emails and any other communications relevant to the dispute. Witness statements and documentation showing the employer followed process or, conversely, failed to follow process, will strengthen a case. A lawyer can help evaluate evidence and prepare a claim.

Can an employer change employment terms or reduce pay?

Employers can propose changes to employment terms but generally cannot unilaterally change a fundamental term such as pay or hours without the employee's agreement. If an employer seeks to vary terms, they should consult with the employee, explain the reasons, and try to reach agreement. A failure to consult or an imposed change may lead to a personal grievance for unjustified disadvantage.

Additional Resources

Ministry of Business, Innovation and Employment - Employment New Zealand provides guides on employment agreements, redundancy, dismissals and personal grievances. The Employment Relations Authority resolves individual employment disputes and publishes decisions that can be informative. The Employment Court hears appeals and important employment law issues.

WorkSafe New Zealand is the primary regulator for workplace health and safety obligations. The Human Rights Commission handles complaints about unlawful discrimination and can provide information on protected characteristics. Citizens Advice Bureau in Dunedin and local community law centres can offer free or low-cost guidance and help with understanding your options.

Unions and industry associations in Dunedin can advise employees on collective agreements and workplace representation. For payroll and tax obligations related to hiring and firing, Inland Revenue provides employer resources. If you are unsure where to turn, a local employment lawyer or community legal service can help you understand the most relevant resources for your situation.

Next Steps

If you need legal assistance with hiring or firing in Dunedin, start by gathering key documents - the employment agreement, payslips, records of hours worked, performance reviews, written warnings, meeting notes and any relevant correspondence. Create a clear timeline of events and note who was involved.

Contact a specialist employment lawyer or an accredited mediator if you want to explore resolution options before filing a formal claim. For immediate practical guidance, contact Employment New Zealand or your local Citizens Advice Bureau or community law centre. If you represent an employer, review your policies and procedures and consider seeking legal advice before taking disciplinary or termination steps to reduce the risk of a successful personal grievance.

Finally, act promptly. Time limits apply to personal grievances and other employment claims, and early legal advice can preserve remedies and provide a faster, less costly pathway to resolving disputes.

Note - this information is general in nature and is not a substitute for tailored legal advice. Employment law is subject to change, and the best course of action depends on your specific facts. Consult a qualified employment lawyer for decisions that could affect your legal rights.