The reason relied on at the time of dismissal, rather than a better reason developed later.
UNFAIR DISMISSAL
Dismissed? The reason and the process both matter.
A termination letter tells you what the employer decided. It does not, by itself, prove that the dismissal was justified.
Important: Different dismissal rules can apply to a valid trial period and to high-income employees affected by the 2026 $200,000 threshold. Transitional rules apply to some employment agreements that were already in force when the change began, and employees can agree in writing to retain dismissal protections.
UNDERSTAND THE PROBLEM
Start with the employer's actual decision, not the label on the letter.
An unjustified dismissal case usually turns on two connected questions: was there a sufficiently good reason to dismiss, and did the employer use a fair process before reaching that decision? A polished termination letter does not answer either question by itself.
Read the process as a sequence. Identify the allegation or reason first, then the evidence, your opportunity to respond, what the decision-maker actually considered, and why dismissal was chosen over a lesser outcome. Gaps between those steps are often where the real dispute sits.
WHAT MATTERS
What usually matters in an unjustified dismissal assessment
Whether the employer investigated enough for the seriousness and circumstances of the issue.
Whether relevant information was disclosed and you had a genuine opportunity to respond before the decision.
Whether dismissal was a response a fair and reasonable employer could have taken in all the circumstances.
THREE QUESTIONS FIRST
Get these straight before the argument gets bigger.
What reason did the employer actually rely on?
What evidence was put to you before the decision?
Did the final decision genuinely deal with your response?
WHAT TO DO NOW
If you have just been dismissed
Preserve the record
Save the dismissal letter, meeting invitations, evidence, warnings, policies and the employment agreement in one folder.
Write a short chronology
Record dates and key events while they are fresh. Separate what you know from what you suspect.
Protect the deadline
Most unjustified dismissal grievances must be raised within 90 days. Do not wait for mediation before preserving the claim.
Track loss
Keep payslips, job applications, new earnings and major job-search steps because wage-loss evidence can matter to remedies.
WARNING SIGNS
Things worth looking at closely.
- The outcome appears decided before the meeting
- Important evidence was withheld or arrived late
- The allegation changed during the process
- Your explanation is not addressed in the outcome
- Dismissal looks disproportionate to what was actually proved
COMMON MISTAKES
Ways employees accidentally make the problem harder.
DON'T
Arguing only that the employer was 'wrong' without separating reason, evidence, process and outcome.
DON'T
Sending a long emotional response that makes the chronology harder to follow.
DON'T
Assuming serious misconduct language automatically makes summary dismissal valid.
DON'T
Waiting for an internal appeal or informal discussion until the 90-day period is nearly gone.
POSSIBLE OUTCOMES
What a useful result can look like.
Lost wages where the dismissal caused income loss
Compensation where the legal test and evidence support it
Reinstatement in appropriate cases
A negotiated exit with practical terms such as reference wording
FAQ
Unfair dismissal
What is unfair dismissal called in New Zealand?
The usual legal claim is unjustified dismissal, generally raised as a personal grievance.
How long do I have?
Most personal grievances must be raised within 90 days of the relevant event or of it coming to your attention. Act early.
Can a bad process matter if I did something wrong?
Yes. The employer's reason, investigation, process and response all matter. Employee conduct can also affect remedies.
Does serious misconduct automatically justify dismissal?
No. The conduct still needs to be established and dismissal must be a lawful and reasonable response in the circumstances.
FROM PROBLEM TO OUTCOME
Most disputes move through the same basic sequence.
- 1Preserve
Documents, dates, evidence and the deadline.
- 2Raise
Put the actual grievance or response clearly.
- 3Resolve
Negotiate or mediate where a sensible resolution is available.
- 4Escalate
Use the ERA or Court where the dispute cannot be resolved.
UNFAIR DISMISSAL
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