Unjustified Dismissal

Call today for a free initial chat with an Employment Lawyer on (09) 214 5780.*

Employees do not need to have completed a period of service to claim unjustified dismissal. However, employees working under a valid trial period cannot claim unjustified dismissal. They may be able to bring other claims such as unlawful discrimination. Employees who are dismissed during a trial period should take advice to determine whether the trial period is valid.

In order for a dismissal to be justified, the employer must have a substantive reason to dismiss the employee (i.e. the position is redundant; the employee has committed serious misconduct etc) and the employer must have carried out a fair procedure. The required procedure will depend on the reason for dismissal.

The test the Employment Relations Authority will apply is:

Whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.

In order to bring a claim for unjustified dismissal in the Employment Relations Authority, the employee must have raised a personal grievance (see Personal Grievance) with his or her employer or former employer. Time limits apply.

If you have been dismissed unfairly, contact us on (09) 214 5780. We can advise you on your claims and their value, seek a negotiated severance for you and represent you in legal proceedings.

* Provided we do have a conflict of interest and that there is no other reason why we could not act, we are happy to have initial 15 minute telephone consultation free of charge.

Disclaimer: The above information is for information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on the information given.