do i have a case?

Ask us to be sure:

Unfair.co.nz helps you protect your employment rights - from ensuring you get paid for Stat Days to raising Personal Grievances and gaining you compensation, we can help you - on a no win, no fee basis, which means you pay nothing unless you win.

Before you call, there are some important things you can do to make sure you get the best result:

Have you talked to superiors or the business owners?

An employer must be given a chance to right wrongs, so if there are superiors or an HR department, you should contact them first.

In all employment cases, it is the employer who pays, so if the employer is unaware of a problem, they can't be held liable for it.

Once you have exhausted that possibility is the time to talk to us.

Evidence:

Evidence is King

Have you kept details of times and dates and verbatim comments made? All employment matters will arrive at evidence and the more and clearer information you can provide, the stronger case you will have.

Note that you are completely entitled to voice record any conversation or meeting you are involved in, without advising the other party/parties. Voice recordings are superior evidence and 100% admissable in both ERA and Employment Court.

Keep copies of all text messages and emails.

We have seen cases where inadvertent deletion of messages has left incomplete evidence, so don't let it happen to you - keep independent copies. Use a free platform to do so if you have no other means. You can screenshot and post them to a private storage like Photobucket or Instagram - it doesn't matter where you keep them, just keep them!

general:

Were you on a 90-day trial?

If so, then it may be that nothing can be done, because the legislation disallows claims for unfair termination. However, the rules on trial periods are very clear and the ERA has made it even clearer that they must be written and signed correctly - it is wise to check with a professional, however, as trial clauses must be correct and the notice period can affect your legal final date.

There are a number of fishhooks in trial periods and our advocates are experts, so seek their free advice anytime.

Employment agreements:

Do you have a copy of your Employment Agreement? If not, ask for one. It is a legal requirement to have an agreement in place and for you to have a copy. If there isn't one, that is an immediate black mark for the employer.

Other issues:

Since we can't cover all the bases, we don't try to in this site - so please call and discuss any issue at any time.