Constructive Dismissal in New Zealand
A constructive dismissal in New Zealand is when an employee feels they have been treated unfairly by their employer. Considered to be unfair treatment within the workplace, a dismissal can take many forms. If you feel you have been unfairly dismissed, it is vital that you speak to an employment solicitor as soon as possible. There are three main factors that determine whether your dismissal was justified:
First of all, take a look at the circumstances surrounding the event. When making a constructive dismissal claim in NZ you need to show that you have been subjected to unfair dismissal. You must establish that you have been informed of a material misrepresentation, that you have been subjected to sexual harassment or other bullying, or that you have been subject to other types of discrimination. You must also provide evidence that your employer’s conduct falls outside the range of acceptable behaviour. Your employer’s actions must be demonstrated to be completely unjustifiable.
In the UK, a constructive dismissal claim can only be made within a limited time after the initial dismissal. However, in New Zealand this is not an issue. There is no time limit and you can file a claim immediately after you become the victim of unwanted behaviour from your employer. This means that if you have been subjected to sexual harassment or other discrimination in the workplace, you can claim compensation as soon as you experience these problems.
How to Make a Claim for Constructive Dismissal in New Zealand
It is important to remember that the first step to filing a constructive dismissal claim in NZ is to notify your employer. It is extremely important for this to happen quickly. If you wait even a few days your claim may be invalidated. Many employers already know that they have to prove their innocence to avoid losing their constructive dismissal claims. This may be your chance to shine. You should inform your employer immediately of any negative experiences you have had.
When you report your story to your employer, be as specific as you can. You should be as detailed as possible when it comes to describing what happened. For example, you may say that you were subjected to sexual harassment. You should also include any other information that proves your employer’s guilt, such as proof that you participated in a particular violent or abusive activity.
If you are unable to work with your employer due to the effect of the constructive dismissal, you may choose to file a claim. If you do so, make sure you keep records of all your communications with your boss. Keep your records as concise and accurate as possible. Your claim may take quite some time to process, so you will want to maximize every step of the way to ensure that you get what you deserve.
