Unjustified Disadvantage

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

Employees may have a claim for unjustified disadvantage against their employer or former employer where:

Examples of situations which may amount to an unjustified disadvantage include:

In order to bring a claim for unjustified disadvantage 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.

The test for whether an action which disadvantages an employee in his or her employment can be justified is the same as the test for unjustified dismissal. The Employment Relations Authority will apply the following test:

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.

Actions that amount to an unjustified disadvantage may also be grounds for the employee to resign and claim constructive dismissal (see Constructive Dismissal).

If you are being disadvantaged at work, contact us on (09) 214 5780. We may be able to stop it happening, or if things have gone too far, we can seek a negotiated severance for you.

* 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.