About Wrongful Termination Law in Tauranga, New Zealand
Wrongful termination, also known as unjustified dismissal in New Zealand, refers to a situation where an employee is dismissed from their job in a manner that is unlawful. In Tauranga, as with the rest of New Zealand, employers are required to act in good faith and follow a fair process before terminating an employment agreement.
Why You May Need a Lawyer
Understanding the many intricate aspects of employment law can be challenging. Seeking legal help can be beneficial, especially in situations of alleged unjustified dismissal. You may require a lawyer to properly understand your rights, negotiate a fair settlement, or represent you if your case goes to the Employment Relations Authority or Employment Court.
Local Laws Overview
In New Zealand, the Employment Relations Act 2000 governs employment matters, including wrongful termination. Employers are required to have a justifiable reason for terminating employment and should follow a fair and reasonable process. In cases where the termination seems unjust, the Employment Relations Authority may order the employer to provide compensation or even reinstate the employee.
Frequently Asked Questions
What is considered an unfair dismissal?
An unfair dismissal occurs when an employer terminates an employee's contract of employment unfairly, without a justifiable reason or without following the correct process required by law.
How does the Employment Relations Authority deal with wrongful dismissal claims?
People who believe they've been wrongfully dismissed can file a claim with the Employment Relations Authority. The Authority will investigate and make a determination which can include ordering compensation or reinstatement.
What can I do if I believe my dismissal was in violation of my employment contract?
If you believe your employment was terminated in breach of your employment contract, you may wish to contact an employment lawyer. They can help you understand your rights, and assist you in making a claim with the Employment Relations Authority if required.
Are there any time limits for making a wrongful dismissal claim?
Yes, claims to the Employment Relations Authority must be made within 90 days of the incident or action you're complaining about.
What types of compensation might I be entitled to if I am wrongfully terminated?
If your claim of wrongful termination is successful, you may be entitled to lost wages, damages for hurt and humiliation, and even reinstatement to your job in some cases.
Additional Resources
Valuable resources for understanding wrongful termination in Tauranga, New Zealand include the New Zealand Ministry of Business, Innovation and Employment, and the Citizen's Advice Bureau. Both provide useful information on employment law, rights, and remedies.
Next Steps
If you believe you have been wrongfully dismissed and wish to seek legal advice, the first step is to contact an employment lawyer in Tauranga. They can guide you through the process of making a claim to the Employment Relations Authority, and provide advice and representation tailored to your personal circumstances.
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