Question Details: ?
Filed under Employment Law | 1682 View(s)
If you are dismissed after the end of a 90 day trial period you can raise a personal grievance if your dismissal was unjustified.
Whether a dismissal is "unjustified" or not must be decided, on an objective basis, by looking at whether your employer's actions were what a fair and reasonable employer could have done in the circumstances.
This includes looking at whether a dismissal falls within the range of options available to a reasonable employer (substantive fairness), and whether the dismissal was carried out in a fair manner (procedural fairness).
Prior to the end of the trial period you can raise a personal grievance on other grounds, such as discrimination or harassment or unjustified action by the employer, but you cannot raise one on the basis of an unjustified dismissal.
For more information on personal grievances, please visit this website: www.communitylaw.org.nz
Answered 8 Oct 2013. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.