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Wrongful termination, also known as unjustified dismissal or unfair dismissal, refers to a situation where an employer terminates an employee's employment without a fair reason or without following a fair process. In Queenstown, New Zealand, wrongful termination is governed by the Employment Relations Act 2000, which provides protections for employees and lays out the obligations for employers.
Legal advice can be very valuable if you believe you have been wrongfully terminated. A lawyer can help you understand your rights and the process for claims under the law in New Zealand. Common situations where you may require legal help include if you are terminated without a fair reason, if your employer did not follow a fair process in terminating you, if you were discriminated against, or if your employer failed to meet contractual or legal obligations.
The primary law concerning wrongful termination in Queenstown, New Zealand is the Employment Relations Act 2000. This law mandates that employers must have a fair reason and follow a fair process for terminating any employee. It also specifies procedures for raising a personal grievance, which is the mechanism used to launch a claim for wrongful termination. The law also enshrines principles of good faith, requiring both employers and employees to act honestly, openly, and without misleading each other.
A fair reason for dismissal usually involves serious misconduct, or ongoing poor performance despite warnings and efforts by the employer to help the employee improve.
A personal grievance is a claim made by an employee that they have been treated unjustly by their employer. This could include claims of unjustified dismissal or discrimination.
While you do not need a lawyer to raise a personal grievance, it can be very valuable to have legal advice, especially in complex cases or where large amounts of compensation may be in question.
If you have been wrongfully terminated, you might be entitled to compensation for lost wages, humiliation, loss of dignity, and injury to feelings.
In most cases, you must raise a personal grievance with your employer within 90 days of the actions leading to the grievance.
You might find it helpful to reach out to the New Zealand Ministry of Business, Innovation, and Employment, or to local employment advocacy groups, for more information and advice. Legal aid may be available for those who cannot afford a lawyer.
If you believe you have been wrongfully terminated, start by documenting everything related to your dismissal, including any meetings or correspondence. Reach out to a lawyer or employment advocate for advice. They can help you evaluate your situation, understand your rights and options, and if necessary, navigate the process of launching a personal grievance.
