If I have been with my company for more than 90 days, what rights do I have if they fire me?

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Community Law Wellington & Hutt Valley

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

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