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In New Zealand the legal term most often used for wrongful termination is a personal grievance for unjustified dismissal. The Employment Relations Act 2000 sets the national framework for employment disputes across the country, including in Feilding. If you believe you have been dismissed without a valid reason, without fair process, or for an unlawful reason such as discrimination or retaliation for workplace complaints, you may have a personal grievance. Employment disputes are managed through a staged system - raising a grievance with your employer, seeking mediation through public employment mediation services, and if needed, bringing a claim to the Employment Relations Authority and then appealing to the Employment Court. The same laws apply in Feilding as elsewhere in New Zealand, but local support services and lawyers in the Manawatu region can help with practical steps and representation.
There are many situations where a lawyer can add real value when you think you have been wrongfully terminated. Examples include summary dismissal for alleged serious misconduct where you dispute the allegation - a lawyer can assess whether the employer followed fair investigation and disciplinary procedures. Constructive dismissal - when an employer makes a workplace intolerable so you feel forced to resign - often turns on subtle facts and legal tests where advice is useful. Complex cases involving redundancy, breaches of collective agreements, discrimination under the Human Rights Act, health and safety reprisals, or protected disclosures - a lawyer can identify which legal routes are available and which remedies to seek. Lawyers help with drafting a clear personal grievance, preserving and organising evidence, advising on realistic settlement options, and representing you at mediation, the Employment Relations Authority, and the Employment Court.
Key legal points to understand if you are in Feilding are based on New Zealand employment law - there is no separate Feilding employment law. Important aspects include the following. Personal grievance - an employee must generally raise a personal grievance with their employer within 90 days of the dismissal or action complained about. Good faith - employers and employees must deal with each other in good faith throughout the employment relationship and during dispute resolution. Fair process - an employer must have a valid reason for dismissal and must follow a fair investigatory and disciplinary process. Redundancy - employers must follow fair consultation, selection and notice processes when making redundancies. Protected grounds - dismissing someone for a prohibited reason such as pregnancy, union activity, making a health and safety complaint, or other discriminatory grounds can amount to an unlawful dismissal and may also involve human rights complaints. Remedies - the Employment Relations Authority and Employment Court can order reinstatement, reimbursement for lost wages, and compensation for humiliation or injury to feelings, among other remedies. Dispute resolution - mediation is often the first formal step, provided by public services, and unresolved disputes can be taken to the Employment Relations Authority and then appealed to the Employment Court. Employment agreements - written employment agreements are essential and often govern notice periods, probation clauses and disciplinary processes - if an employer breaches the agreement that can strengthen a grievance. Probation - probation is not a free pass to dismiss - employers still need to act reasonably and follow fair process.
In New Zealand wrongful termination is usually dealt with as a personal grievance for unjustified dismissal. It covers dismissals that are without good reason, where the employer failed to follow a fair process, or where the reason for dismissal is unlawful - for example discrimination or retaliation for raising safety concerns.
You should act quickly. You generally need to raise a personal grievance with your employer within 90 days of the dismissal or the action you are complaining about. If you miss the 90-day window you may lose the right to bring a claim unless there are exceptional reasons to allow a late claim.
Yes, but a probation clause does not allow an employer to act unfairly. Even during probation the employer must have a genuine reason and follow reasonable and transparent steps - for example clear feedback, an opportunity to improve, and fair notice where required. Automatic or summary dismissals without process can still be challenged.
Remedies can include reinstatement to your old job, reimbursement for lost wages, and compensation for humiliation or injury to feelings. The Authority or Court may also order other practical remedies depending on the circumstances. The exact outcome depends on the facts, the employer's conduct, and whether reinstatement is feasible.
No - the usual pathway is to raise the grievance with your employer and attempt mediation first. Public employment mediation services are available and often resolve matters. If mediation fails you can then file a claim with the Employment Relations Authority. A lawyer can help decide when to escalate.
Timescales vary. Mediation can be arranged within weeks to a few months depending on availability. If a claim proceeds to the Employment Relations Authority the process can take several months, and appeals to the Employment Court will add further time. Simple matters can be resolved quickly, while complex disputes take longer.
Keep copies of your employment agreement, any written warnings, emails and messages about performance or conduct, meeting notes, payslips showing lost wages, witness names and statements, and any documentation of grievances you raised previously. A clear timeline of events is very helpful. Preserve electronic communications and take care with social media posts.
Settlement offers can be a practical way to avoid the stress and uncertainty of formal proceedings. Before accepting, consider whether the offer fairly compensates you for lost wages, damages and other losses. A lawyer or union representative can review the offer and negotiate on your behalf to improve terms such as a confidentiality clause, a reference, or tax implications.
Legal aid for employment law is limited in New Zealand. Most employment disputes are not eligible for legal aid, but you may be able to get low-cost or free initial advice from a union, Citizens Advice Bureau, a community law centre, or some law firms that offer limited free consultations. Check eligibility for legal aid in exceptional circumstances.
Dismissing someone for a discriminatory reason, or for raising health and safety concerns, can engage multiple legal protections. You can bring a personal grievance and you may also have grounds to complain to the Human Rights Commission for discrimination. Protected disclosures related to serious wrongdoing may have specific protections. A lawyer can advise the best combination of claims and remedies.
There are a number of agencies and community organisations that can help people in Feilding with employment disputes. Employment New Zealand - part of the Ministry of Business, Innovation and Employment - provides information on rights and processes and can arrange mediation. The Employment Relations Authority resolves disputes and issues determinations. The Employment Court hears appeals. The Human Rights Commission handles discrimination complaints. Unions can provide advice and representation for members. Citizens Advice Bureau and local community law centres can give free initial guidance. The New Zealand Law Society can help you find a specialist employment lawyer in the Manawatu-Whanganui region. Local Feilding lawyers with employment experience can assist with practical, on-the-ground support and representation.
If you believe you have been wrongfully terminated follow these practical steps - act quickly to protect your rights. 1) Stay calm and review your employment agreement and any written notices. 2) Gather and preserve evidence - emails, messages, payslips, performance notes and witness details. 3) Raise your personal grievance in writing to your employer as soon as possible and certainly within 90 days - explain why you believe the dismissal was unjustified and what remedy you seek. 4) Seek free advice from your union, Citizens Advice Bureau, or a community law centre to understand options. 5) Consider consulting an employment lawyer for an initial assessment, negotiation assistance and representation if mediation or Authority proceedings are necessary. 6) Use public mediation services via Employment New Zealand as an early step. 7) If mediation fails, be prepared to bring a claim to the Employment Relations Authority and keep to procedural timeframes. 8) Keep records of all steps you take and communications you send or receive. Taking these steps will put you in a stronger position to resolve the dispute - whether by negotiated settlement or formal determination.
