Dismissed from work and not sure it was handled fairly?

What is unjustified dismissal?

In New Zealand, a dismissal is not lawful because an employer says there was a problem. The employer generally needs both a reason that a fair and reasonable employer could rely on and a process that gave you a genuine chance to know the concerns, respond, and be heard.

If either the reason or the process falls short, the dismissal may be unjustified. This includes alleged misconduct, performance issues, medical capability concerns, relationship breakdowns, trial-period problems, and some resignations that were effectively forced.

People often contact us after a meeting that felt rushed, one-sided, or already decided. The common issue is not always the concern itself. It is the lack of a fair chance to respond before the job is taken away.

What a fair process usually looks like

Before dismissal is on the table, an employer should usually take clear and structured steps. The exact process depends on the issue, but fairness generally means transparency, time to respond, and an open mind.

• You are told clearly what the concerns are and that dismissal is a possible outcome.
• You receive the information the employer is relying on, such as complaints, notes, documents, or performance material.
• You are given enough time to consider the allegations and get advice.
• You are allowed to bring a support person or representative to a formal meeting.
• Your explanation, evidence, and context are considered before any decision is made.
• The decision-maker remains open-minded rather than treating the meeting as a formality.
• You receive the outcome in clear terms, usually in writing.

If you were called into a meeting with no warning, were not shown the information relied on, or felt the outcome was locked in before you spoke, the process may have been flawed.

What counts as a dismissal?

A dismissal is not limited to being handed a termination letter. In some cases, the real issue is what the employer did and how the employment ended in substance.

• Termination with notice or immediate dismissal.
• Being told not to return to work or being cut off from systems without a proper process.
• Resigning because the pressure, treatment, or conduct left no realistic option but to leave.
• Dismissal under a trial period that was not properly set up or relied on.
• A job offer being withdrawn after acceptance or a start being cancelled improperly.

What you may be able to claim

If a dismissal is found to be unjustified, possible remedies include lost wages, compensation for distress or humiliation, recovery of benefits or entitlements, and in some cases reinstatement.

Many matters resolve through direct negotiation or mediation before they go further. Where early resolution is not possible, the matter may move to the Employment Relations Authority and, in more complex cases, the Employment Court.

What to do now

If you think your dismissal was unfair, the first step is to organise the facts while they are still fresh. Good documents and a clear timeline make the first conversation more productive.

1. Keep all relevant letters, emails, messages, meeting notes, rosters, and payslips.
2. Write a short timeline with dates, who was involved, and what was said or decided.
3. Request written reasons for the dismissal if you have not already received them.
4. Avoid signing any resignation, settlement, or exit document under pressure.
5. Get advice before the 90-day window runs out.