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In Christchurch, New Zealand, wrongful termination, also known as Unjustified Dismissal, refers to a situation where an employee is dismissed from their job in an unjust, harsh, or unwarranted manner. This includes breaches of the Employment Relations Act 2000, such as terminating without going through the proper procedural process, dismissing on discriminatory grounds, or discharge without proper reason.
Legal counsel can be beneficial in a number of situations relevant to unjustified dismissal. Understanding whether there has been a breach of contract, assessing if there has been discrimination or unjust practices, and representing your case before the Employment Relations Authority or in a court can be daunting. An experienced lawyer can help you navigate these complex legal scenarios, ensuring you understand your rights and the best way to pursue a claim.
The key law governing wrongful terminations in Christchurch, New Zealand is the Employment Relations Act 2000. It lays down the guidelines for fair treatment of employees and provides procedures for addressing grievances about unjustified dismissal. The Act stipulates a fair process that employers must follow before concluding a dismissal. This usually includes explaining the issues to the employee, providing them a chance to respond, and considering their response before taking any action. Refusal by an employer to follow these stipulated processes may result in a wrongful termination claim.
Constructive dismissal refers to a situation where an employee chooses to resign because their employer's behaviour has become so problematic or unbearable, effectively forcing them to leave. If their claim is recognized, a constructive dismissal has the same legal basis as a wrongful termination.
If you believe you have been unjustly terminated, it's recommended to seek legal advice as soon as possible. A lawyer can guide you on the right course of action such as filing a personal grievance with your employer, and subsequently with the Employment Relations Authority if required.
If your wrongful termination claim is upheld, you may be entitled to various forms of compensation. This could include lost wages, compensation for humiliation or loss of dignity, and legal costs.
You must raise a personal grievance for unjust dismissal within 90 days of the action occurring. If not, you could potentially lose the right to make a claim.
An employer must always have a legitimate reason for dismissing an employee and must follow the correct procedure, else it may be classified as wrongful termination.
The New Zealand Ministry of Business, Innovation and Employment, also known as MBIE, offers a wealth of information regarding employment rights including unjustified dismissal. The Employment New Zealand website also provides resources regarding employment laws and procedures in New Zealand.
If you believe you have been wrongfully terminated, it's important to act quickly. Initially, seek advice from a lawyer specializing in employment law. If appropriate, file a personal grievance with your employer following the guidelines provided under the Employment Relations Act 2000. Your lawyer can guide you through this process and advise on potential further action depending on the response received.
