Employment Law in New Zealand

I've just been dismissed — was it legal?

Only if both the reason and the process were fair. Under s 103A of the Employment Relations Act 2000 a dismissal is justified only if a fair and reasonable employer could have dismissed in those circumstances — which means a genuine reason plus a fair process: being told the concern, seeing the information, getting a real chance to respond, and a genuinely open mind. A flawed process can make a dismissal unjustified even where there was real misconduct. If it looks wrong, act fast — you have 90 days to raise a personal grievance.

What exactly is a personal grievance and how do I raise one?

It is the formal complaint that unlocks every employment remedy — for unjustified dismissal, unjustified disadvantage, discrimination, harassment or whistleblower retaliation. You "raise" it simply by telling your employer, clearly and ideally in writing, that you have a grievance and what it is about — within 90 days. No court forms are needed at that stage. After that comes free mediation, and if that fails, the Employment Relations Authority.

What can I actually win if my grievance succeeds?

The Employment Relations Authority can order reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, penalties in some cases, and even reinstatement to your job. Awards vary enormously with the facts — which is exactly why a one-hour consultation with an employment lawyer (NZ$295, GST inclusive) before you settle can pay for itself many times over.

I'm on a 90-day trial period — can I really be dismissed without reason?

Trial periods are available to employers of every size, but the protections around them are strict: the clause must be in a written agreement you signed before your first day, and it only blocks a grievance for the dismissal itself. You can still bring grievances for discrimination, harassment, or an employer's failures during the trial — and notice must still be given properly. Invalid trial clauses are common, and an invalid clause means full unjustified-dismissal rights.

My redundancy feels like an excuse to get rid of me — what are my rights?

Redundancy is only lawful if it is genuine: a real business reason for disestablishing the role, fair selection criteria, and proper consultation with you before the decision is made — including sharing the proposal and genuinely considering your feedback. A "redundancy" used to remove a person rather than a position, or one done without real consultation, can be an unjustified dismissal with full remedies. The 90-day clock applies here too.

I haven't been paid properly — holiday pay, overtime, final pay. What can I do?

Minimum entitlements — the minimum wage, four weeks' annual leave, public holiday rates, sick leave and a written employment agreement — cannot be contracted away. Unpaid wages and holiday pay can be recovered through the Employment Relations Authority, and a Labour Inspector can act on minimum-entitlement breaches. Wage claims have longer time limits than the 90-day grievance rule, but sooner is always stronger — records fade and companies fold.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about New Zealand employment law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want advice or representation, we connect you with an expert New Zealand employment lawyer for a one-hour consultation at a fixed NZ$295 (GST inclusive), bookable right on the call.