Did you receive a letter stating that your job with your current employer is over? This might be you or someone you know; some employees lose their jobs unfairly for whatever reason stated by their company. The shock leads to confusion and mixed feelings, but once a person regains their composure and clear headedness, they must take the necessary steps to resolve their case.
You have options when this happens to you, knowing what these are allows you to take the next step.
Options After Unfair Dismissal
New Zealand law cites that when an employee believes their firing was unfair by process or reason, they have the right to claim unjustified dismissal. When you or someone you know experiences this you have the option to file a personal grievance with their employer; however, the filing must be within a 90-day limit.
According to IREmploymentLaw.co.nz, the parties involved should try to resolve and address the problems raised in the grievance among themselves. However, if left unresolved, you can take it to mediation with help from an independent mediator or the Ministry of Business, Innovation and Employment’s services.
Mediation can occur through a meeting in person, a telephone conversation, fax or even email. Once parties reach a settlement, the mediator will sign necessary documents and this agreement will be final and binding.
Remedying an Unjustified Dismissal
An employer must justify the firing of an employee, this must meet certain parameters that include:
- The dismissal must be fair and have a valid reason for doing so.
- The firing underwent a fair process that includes warnings, the chance to comment and the employee must be given the opportunity to improve their performance.
The remedies after resolving a wrongful dismissal include:
- Reimbursement of lost wages and money as a result of the firing
- Compensation for humiliation, distress, hurt and others
- Reinstatement to their previous position
You have a way out when your employer dismisses you unfairly; know your options and who you can approach to resolve your case.