How to Protect Yourself From Wrongful Dismissal NZ
Wrongful Dismissal NZ
A wrongful dismissal NZ lawyer can help you deal with situations where you have been legally removed from a job but not entitled to be paid your wages. You may have been forced out for some reason, for example if you were found sleeping on the job. Wrongful dismissals can also occur when you are dismissed due to a breach of contract by your employer. The Employment Relations Authority (ERAA) says employers must give their employees’ notice before they can sack them. However, this does not mean that employers are automatically safe from being sued. If you have been illegally dismissed it is important to seek legal advice and an expert wrongful dismissal lawyer.
The first step in a wrongful dismissal case in NZ is to notify the employer in writing that you have been unfairly dismissed. This should include reasons why your position has been removed. You will also need to explain the type of notice that was given and what the exact procedure for leaving the position will be. In addition, you will need to provide two letters: one from you explaining why you have been removed and another from the employer to the Human Resources Department explaining your request for notice.
If you have been informed that you have been unfairly dismissed, you may wish to hire an employment solicitor and/or legal advisor who specialise in this area of law. This is especially important if your case involves serious allegations of discrimination. Such cases can be difficult to prove and can take many months or even years to resolve. Without a strong case, your chances of winning the case are slim. Even if you do win, the employer may appeal the court’s decision and this could delay the process for many months or even years.
How to Protect Yourself From Wrongful Dismissal NZ
Another way in which you can protect yourself from being wrongly dismissed is to ensure that all of your correspondence is recorded. The legal rules that apply in this case are very specific. If you are unsure of what these rules are, it is a good idea to get clarification from a professional. You should ensure that any communication from your employer with you is in proper legal format and that you keep all records in the proper place so that they can be referenced in the event that the case does go to court.
When a case such as yours goes to court, you will be able to receive a substantial amount of compensation. In most cases the employer has an insurance policy to cover any costs associated with such claims. You may also want to consider taking out a legal defense fund. Any fees incurred during the course of the case will not be taken into account when calculating the final settlement. Your solicitor will be able to advise you on the advantages and disadvantages of this. The final decision will be made after careful consideration of all the relevant factors.
Wrongful dismissals are extremely unpleasant. You may feel as though your career has been affected and your integrity has been compromised. It is always a good idea to speak to an appropriate professional who can give you their professional opinion. They can provide a neutral point of view and assist you through the process.