When is a dismissal unjustified?
Your employer has to show that dismissing you was what a fair and reasonable employer could have done in all the circumstances. In practice that usually means:
- they had a genuine, substantive reason;
- they told you about their concerns and gave you the information they were relying on;
- you had a real chance to respond, and could bring a support person;
- they genuinely considered your response before deciding.
Since 21 February 2026, a minor slip in the process is no longer enough on its own to make a dismissal unjustified. What matters is whether the way you were treated was unfair. Dismissals with no real reason, a predetermined outcome or no genuine chance to respond can still be challenged.
Common situations we see
- Dismissed on the spot, or "let go" with no warning or meeting
- Fired for something that was never put to you
- The decision was clearly made before you had your say
- Dismissed soon after raising a complaint, getting injured or taking sick leave
- Told "it's just not working out" without any process
Who can't bring an unjustified dismissal claim
- High earners. Employees on a base salary over $200,000 a year can no longer bring an unjustified dismissal claim, unless their agreement says otherwise. Existing agreements have a 12-month transition.
- Valid 90-day trial periods. If you were dismissed under a valid trial period, you generally can't claim unjustified dismissal. But trial clauses have strict legal requirements and many don't meet them, so it's worth having us check yours.
Discrimination, harassment and wage claims are not affected by these limits.
What to do right now
- Don't sign anything (like a settlement or exit agreement) until you've had advice.
- Ask for the reasons in writing. You can ask your employer for a written statement of the reasons for your dismissal within 60 days, and they must give it to you within 14 days.
- Keep everything: your agreement, letters, emails, texts and payslips. Write down a timeline while it's fresh.
- Watch the 90-day deadline to raise a personal grievance.
Common questions
Can I be fired without a warning in NZ?
Only for serious misconduct, and even then your employer must usually investigate and give you a chance to respond first. For performance issues, a fair process normally includes warnings and time to improve.
What compensation can I get for unfair dismissal?
It depends on your circumstances. Remedies can include lost wages and compensation for humiliation, loss of dignity and injury to feelings. Under the 2026 rules, contributory conduct can reduce or remove some remedies. We'll give you a realistic picture in your free consultation.
How long do I have?
You need to raise a personal grievance with your employer within 90 days of the dismissal.
Other ways we can help
This page is general information about New Zealand employment law, not legal advice for your situation. Call us for a free assessment.