Talk to a lawyer now — free case review
Get clear guidance on your employment situation — severance, wrongful dismissal and your rights. No appointment, confidential.
Runs in your browser · free · confidential
Our services
Process
Our legal process begins with an urgent assessment of your dismissal notice and employment agreement to confirm the grievance type and the exact deadline. We file a statement of problem with the Employment Relations Authority within the 90-day window, a step where timing is non-negotiable. Our litigation strategy is tailored to the specifics of your case, whether seeking reinstatement or compensation for lost wages and hurt feelings. We prepare for mediation as the primary dispute resolution method, where over 80% of employment relationship problems in New Zealand are resolved. For a deeper understanding of your potential claim, review our guide on Wrongful Dismissal Explained.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Filing Deadline | 90 days from dismissal |
| Primary Resolution Forum | Employment Relations Authority |
| Typical Mediation Timeline | 4-8 weeks from filing |
| Common Remedies Sought | Reinstatement, Lost Wages, Compensation |
Local Considerations — New Zealand
While the Employment Relations Act 2000 applies nationally, case dynamics can vary. In major commercial centers, dismissals often involve complex contractual terms and higher potential compensation, requiring detailed forensic analysis. In other regions, disputes may more frequently involve procedural fairness in smaller workplaces. Our national practice is structured to handle this spectrum, ensuring consistent, expert representation whether a client is in a metropolitan center or a regional area. We adapt our approach to the local employment tribunal's practices and the specific industrial context of your case.
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at [email protected]
Standards & Compliance
- Employment Relations Act 2000
- Good Faith obligations under Part 1
- Personal Grievance provisions (s103-s123A)
- Employment Relations Authority regulations
Frequently Asked Questions
What happens if I miss the 90-day deadline?
The Employment Relations Authority may grant a leave to raise a grievance out of time, but this is exceptional. You must prove the delay was due to exceptional circumstances beyond your control. The legal threshold is high, making timely action imperative.
Does the 90-day limit apply to constructive dismissal?
Yes. The 90-day period runs from the date you resigned, provided you can establish that the employer's actions made your continued employment untenable. Proving constructive dismissal requires specific evidence of a breach of trust or confidence.
What is the process after filing a grievance?
The Employment Relations Authority will refer the matter to mediation. If unresolved, it proceeds to an investigation meeting where evidence is heard and a determination is issued. Most cases are settled or resolved at the mediation stage.
How much does it cost to pursue a wrongful dismissal claim in New Zealand?
Legal costs vary significantly based on case complexity, the employer's response, and whether it proceeds to a full investigation. Costs can range from representation for mediation to more extensive fees for litigation. We provide transparent fee agreements after an initial case assessment, which outlines the likely scope and cost structure for your specific situation.