What is the process my boss has to follow to dismiss me?
I got dismissed but I didn't get any warnings. Is this right?
I think I was fired from my job without a good reason. What can I do?
What kind of support can I get if I have been dismissed?
What is the process my boss has to follow to dismiss me?
In order to lawfully dismiss you, your boss is required to follow a fair process and there must be a good reason for the dismissal. Your employer’s actions will be assessed against what a ‘fair and reasonable employer’ would have done in all the circumstances at the time of the dismissal.
A fair process will usually include the following:
- your employer should meet with you at least once
- you should be told the precise nature of the allegation(s) against you
- you should be told that dismissal could be an outcome of the investigation into the allegation(s);
- you should be given a reasonable opportunity to:
- seek independent advice throughout the process; and
- explain your side of the situation;
- you should be given the opportunity to have a support person/lawyer present in any meeting with your employer concerning the allegations
- the employer should comply with any specific requirements set out in its HR policies/your employment documentation;
- if the employer is proposing to dismiss you, you should be given the opportunity to comment on that proposal, before a final decision is made;
- you should be given the reasons for the final decision and that decision should be notified to you in person and in writing;
you have the right, within 60 days after the dismissal or after becoming aware of it, to request a written statement of the reasons for dismissal.
I got dismissed but I didn't get any warnings. Is this right?
This depends on why your employer has dismissed you. In cases of serious misconduct an employer can dismiss an employee without giving any warnings. To do this, the employer must follow a fair process (see answer above) and have reasonable grounds for believing serious misconduct has occurred. Your employer must still have a good reason and follow a fair process even when they are dismissingyou for something that they do not have to give warnings for.
However, your employer can dismiss you without giving reasons or warnings if your written terms of employment contain a 90 Day Trial Period (if the Trial Period is in accordance with section 67A of the Employment Relations Act 2000) and as long as your employer gives you notice of your dismissal within the trial period.
I think I was fired from my job without a good reason. What can I do?
First you should check your employment agreement (and any letter of offer) and make sure you understand the terms and conditions that you were employed under. In particular you should check whether your terms include a 90 day Trial Period. You should also think about whether your employer has followed the correct dismissal process.
If you are a member of a union you should tell your union representative that you think you have been unjustifiably dismissed.
If you believe that you have been unjustifiably dismissed you have the right to raise a Personal Grievance for unjustified dismissal.
What kind of support can I get if I have been dismissed?
There are many support services that can help you during this difficult time. Work and Income New Zealand offers advice, information and in some cases financial help after you have lost your job. There are also support services to help you find another job as quickly as possible. Work and Income provides 
special support for redundancy. Check our section on support from WINZ.