Fired unfairly? Challenge it.
A dismissal can be unjustified because the employer had no proper reason, ran an unfair process, or both. The letter calling you dismissed is not the end of the story.
The real question: was the dismissal justified?
In New Zealand, an employer generally needs both a good reason and a fair process. That means properly investigating the issue, putting the concerns and relevant information to you, giving you a real opportunity to respond, considering what you say with an open mind, and reaching a reasonable outcome.
- Keep the dismissal letter and note the exact effective date.
- Save the invitation, allegations, evidence, meeting notes and every version of the employer's reasons.
- Write a one-to-two page timeline while the sequence is fresh.
- Start keeping evidence of job applications and income loss if you are out of work.
- Treat the 90-day personal grievance period as urgent rather than something to deal with later.
What the employer still has to justify
The outcome was effectively decided before the disciplinary process finished.
Allegations were vague, changed during the process, or were not put to you properly.
Relevant evidence, witness material, CCTV, notes or policies were withheld until too late — or never disclosed.
The investigation was one-sided or ignored obvious evidence that helped you.
Your explanation was heard but not genuinely considered.
Dismissal was out of proportion to what was actually established, especially where a warning or lesser response was realistically available.
What actually matters here
01Good reason and fair process
Dismissal is not justified merely because the employer says it lost trust or calls the conduct serious misconduct. The employer should investigate what happened, put the concerns and relevant information to you, give you a reasonable chance to respond, genuinely consider that response, and make a decision a fair and reasonable employer could make in the circumstances.
02Common dismissal failures
Red flags include a predetermined outcome, important evidence arriving only after the decision, inconsistent allegations, refusing a reasonable request for time or representation, relying on a complainant without testing obvious conflicts, ignoring comparable employees, or jumping straight to dismissal when the proven conduct did not justify it.
03What can make a claim stronger or weaker
Contemporaneous documents are powerful: the meeting invitation, allegations, evidence, your response, warning history and outcome letter. A clear timeline also helps. A claim can be weakened by major factual contradictions, evidence that strongly supports the employer's case, contribution by the employee, or delay in raising the grievance.
04Possible outcomes
Depending on the facts, remedies may include reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, reinstatement in an appropriate case, and other orders. Many matters resolve by agreement or mediation before an Authority determination. The right outcome depends on the evidence and what the employee actually wants.
What a useful result can look like
Not every procedural mistake wins a dismissal case, and not every successful claim produces a large award. The strongest matters usually combine a real defect with clear evidence and meaningful loss.
Lost wages where the dismissal caused income loss.
Compensation for humiliation, loss of dignity and injury to feelings where justified.
A negotiated exit including reference wording and other practical terms.
Reinstatement in cases where returning to the job is realistic and appropriate.
An ERA determination if settlement is not achieved.