If you have been dismissed unfairly, you have legal options to challenge the decision, and seek compensation or reinstatement. In this article we’ll outline your rights, the steps you can take, and where to seek help. 

What Constitutes Wrongful Termination? 

Wrongful termination occurs when an employer terminates an employee’s contract in a manner that is unfair, unreasonable, or unlawful. This includes: 

Unjustified Dismissal 

If the employer does not have a valid reason or fails to follow a fair process before dismissing you. 

Example: Jane’s employment was suddenly terminated based on a false claim of poor performance, contradicting her actual record. 

Discrimination-Based Dismissal 

If you were dismissed due to your gender, age, race, disability, pregnancy, religion, or sexual orientation (protected under the Human Rights Act 1993). 

Example: Holly announces her pregnancy to her employer and requests maternity leave. Soon after, she is dismissed on the basis of ‘redundancy.’ Shortly after, the company hires a replacement for her exact position. 

Retaliatory Dismissal 

If you were fired for raising a complaint, whistleblowing, or exercising your workplace rights. 

Example: Tim reports numerous workplace safety violations to HR. A week later, he was fired by his employer for ‘poor performance’ despite his excellent track record.  

Constructive Dismissal 

If you felt forced to resign due to unbearable working conditions caused by your employer. 

Example: Jake has been working under increasingly difficult conditions. His employer refuses to address unsafe working conditions, and reduces his hours significantly. Feeling pressured and unable to continue working under these conditions, Jake resigns. 

Redundancy Without Proper Process 

If your position was made redundant without genuine business reasons or without consultation. 

Example: Sarah has been working as an office administrator for 5 years. One day, her employer informs her that her role is being made redundant effective immediately. There was no prior consultation, and she was not given a chance to discuss alternatives, such as redeployment. 

Your Options After Wrongful Termination 

1. Raise the Issue with Your Employer 

Before taking legal action, you may first try to resolve the issue directly with your employer. Request a meeting to discuss the reasons for your dismissal, and ask for supporting documentation. In some cases, misunderstandings can be clarified at this stage. 

2. File a Personal Grievance 

If your dismissal was unjustified, you can file a personal grievance under the Employment Relations Act 2000. You must do this within 90 days of being dismissed (or within 12 months for sexual harassment claims). Steps include: 

Notifying Your Employer in Writing – Outline the reasons why you believe your dismissal was unfair. 

Seeking Mediation – Many employment disputes are resolved through free mediation services provided by Employment New Zealand, as well as other employment relations specialists. 

Escalating to the ERA – If mediation is unable to reach a resolution, you can take your case to the Employment Relations Authority (ERA). 

3. Claim for Unfair Dismissal Through the ERA 

The ERA investigates employment disputes and can determine whether your termination was unlawful. They may order: 

• Reinstatement (giving you your job back, though this is rare). 

• Compensation for lost wages and emotional distress. 

• Penalties against the employer for breaching employment laws. 

4. Lodge a Complaint with the Human Rights Commission (HRC) 

If your dismissal was based on discrimination (e.g., due to race, gender, or disability), you can file a complaint with the Human Rights Commission. They provide mediation services and, if unresolved, can escalate the case to the Human Rights Review Tribunal. 

5. Seek Assistance from an Employment Relations Specialist 

Employment relations specialists ensure that you have adequate representation and advice to progress the matter – with the right support. 

What Compensation Can You Receive? 

If your claim is successful, you may be entitled to: 

Lost Wages – Compensation for income lost due to wrongful termination. 

Emotional Harm Compensation – If the dismissal caused undue stress or humiliation. 

Legal Costs – The employer may be ordered to cover some of your legal fees. 

Penalties Against the Employer – If they breached employment law. 

Key Takeaways 

1. Wrongful termination occurs if you are dismissed unfairly, unlawfully, or without due process. 

2. You have 90 days to file a personal grievance (or 12 months for a sexual harassment claim). 

3. Mediation is a common first step. 

4. The ERA, Human Rights Commission, and Employment Court can provide legal remedies. 

5. Seeking advice from employment relations specialists can improve your chances of success, as they can represent you throughout various channels and proceedings. 

If you believe you have been wrongfully dismissed, act quickly to protect your rights. Seeking early advice can help you build a strong case and increase the likelihood of a favorable outcome. 

Mahi Law can Help! 

Our expert team will help you understand your rights, and review your employment agreement to ensure it meets your needs.

We’ll also pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required. 

We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs. 

Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032. 

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