7 Signs Your Dismissal Might Be Unfair

Losing your job is tough - but if the process wasn’t fair, it could also be unlawful. In New Zealand, employers must follow both a fair process and have a genuine reason for dismissal. If either of these is missing, you may have grounds for a personal grievance claim.

Here are the red flags to watch out for.

1. You Were Given No Clear Reason for Your Dismissal

Your employer must give you a valid and legal reason for firing you. If your dismissal was vague, unjustified, or felt like an excuse, that’s a problem.

Common warning signs:

• You were fired without explanation.

• The reason was unclear or kept changing.

• Your employer just said, “It’s not working out” without specifics.

If the reason for dismissal is unclear to you, request a written explanation of why you were dismissed. If they refuse or give an unclear answer, you may have a case.

2. You Had No Chance to Defend Yourself

Before dismissing you, your employer must give you an opportunity to respond. If you weren’t given a fair chance to explain your side, your dismissal process may have been flawed.

Common warning signs:

• You were blindsided by the decision.

• No disciplinary meeting was held.

• You weren’t allowed to bring a support person to meetings.

If your employer skipped key steps in the dismissal process, document what happened - it could be a procedural failure.

3. There Were No Warnings Before Your Dismissal

Unless your dismissal was for serious misconduct, your employer should give you warnings and a chance to improve before firing you.

Common warning signs:

• You were dismissed over performance issues with no prior warnings.

• You received a warning and were fired shortly after with no real chance to improve.

• The warning process felt rushed or unfair.

Check your employment agreement for policies relating to misconduct and the associated procedures. If they weren’t followed, your dismissal might not be valid.

4. The Investigation Was Biased or Rushed

If your dismissal involved allegations of misconduct, your employer must investigate fairly before making a decision. A rushed or one-sided process is not lawful.

Common warning signs:

• The investigation felt like a formality rather than a real attempt to find the truth.

• Your employer ignored evidence in your favour.

• You weren’t given access to key documents or information.

If the process was unfair or one-sided, you may have grounds to challenge the dismissal.

5. You Were Fired on the Spot (Without Serious Misconduct)

Instant dismissal (also called summary dismissal) is only legal in cases of serious misconduct—like theft, violence, or gross dishonesty. If your employer fired you immediately without a strong reason, it’s likely unlawful.

Common warning signs:

• You were told to pack up and leave without notice.

• No proper disciplinary process was followed.

• The alleged misconduct wasn’t serious enough to justify instant dismissal.

  
  

 If you were dismissed unfairly, you might be entitled to lost wages and compensation.

6. Your Employer Used Redundancy as an Excuse

Redundancy must be genuine - it should be used to disestablish a role. It shouldn't be used to get rid of an employee without following proper process.

Common warning signs:

• Your employer suddenly declared your role redundant without consultation.

• Your role still exists (but with a new job title or a different person doing it).

• The selection process for redundancy wasn’t explained or seemed targeted.

If your redundancy feels like a cover-up for something else, you can challenge it. Ask for selection criteria and consultation records.

7. Your Employer Forced You to Resign

If you were pressured into resigning, that could be constructive dismissal - which is legally treated as an unfair dismissal.

Common warning signs:

• You were given an ultimatum: “Resign or be fired".

• Your work environment was made unbearable to force you out.

• You were misled into thinking resignation was your only option.

If you feel like you were forced out, you might have a claim for unfair dismissal.

If any of these red flags apply to you:

Document everything – emails, meeting notes, what was said.

Check your employment agreement – was the correct process followed?

Seek legal advice – you have 90 days from dismissal to raise a personal grievance.

For help determining if your dismissal was fair or not, seek help from an expert.

mathewswalker.co.nz | 0800 612 355

Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.