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> GOVERNANCE - home > Employment protection legislation database - EPLex > New Zealand

New Zealand - Procedural requirements for individual dismissals


+ show references

Notification to the worker to be dismissed: no specific form required

Remarks:
  • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
    However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

Notice period:
Remarks:
  • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
    • tenure ≥ 6 months
      • 0 month(s).
    • tenure ≥ 9 months
      • 0 month(s).
    • tenure ≥ 2 years
      • 0 month(s).
    • tenure ≥ 4 years
      • 0 month(s).
    • tenure ≥ 5 years
      • 0 month(s).
    • tenure ≥ 10 years
      • 0 month(s).
    • tenure ≥ 20 years
      • 0 month(s).

    Pay in lieu of notice: No

    Remarks:
    • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Notes / Remarks
    Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
    Procedural fairness is assessed by the court on a case-by-case basis.

    + show references

    Notification to the worker to be dismissed: no specific form required

    Remarks:
    • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
      However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

    Notice period:
    Remarks:
    • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
      • tenure ≥ 6 months
        • 0 month(s).
      • tenure ≥ 9 months
        • 0 month(s).
      • tenure ≥ 2 years
        • 0 month(s).
      • tenure ≥ 4 years
        • 0 month(s).
      • tenure ≥ 5 years
        • 0 month(s).
      • tenure ≥ 10 years
        • 0 month(s).
      • tenure ≥ 20 years
        • 0 month(s).

      Pay in lieu of notice: No

      Remarks:
      • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      Notes / Remarks
      Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
      Procedural fairness is assessed by the court on a case-by-case basis.

      + show references

      Notification to the worker to be dismissed: no specific form required

      Remarks:
      • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
        However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

      Notice period:
      Remarks:
      • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
        • tenure ≥ 6 months
          • 0 month(s).
        • tenure ≥ 9 months
          • 0 month(s).
        • tenure ≥ 2 years
          • 0 month(s).
        • tenure ≥ 4 years
          • 0 month(s).
        • tenure ≥ 5 years
          • 0 month(s).
        • tenure ≥ 10 years
          • 0 month(s).
        • tenure ≥ 20 years
          • 0 month(s).

        Pay in lieu of notice: No

        Remarks:
        • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        Notes / Remarks
        Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
        Procedural fairness is assessed by the court on a case-by-case basis.

        + show references

        Notification to the worker to be dismissed: no specific form required

        Remarks:
        • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
          However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

        Notice period:
        Remarks:
        • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
          • tenure ≥ 6 months
            • 0 month(s).
          • tenure ≥ 9 months
            • 0 month(s).
          • tenure ≥ 2 years
            • 0 month(s).
          • tenure ≥ 4 years
            • 0 month(s).
          • tenure ≥ 5 years
            • 0 month(s).
          • tenure ≥ 10 years
            • 0 month(s).
          • tenure ≥ 20 years
            • 0 month(s).

          Pay in lieu of notice: No

          Remarks:
          • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          Notes / Remarks
          Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
          Procedural fairness is assessed by the court on a case-by-case basis.

          + show references

          Notification to the worker to be dismissed: no specific form required

          Remarks:
          • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
            However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

          Notice period:
          Remarks:
          • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
            • tenure ≥ 6 months
              • 0 month(s).
            • tenure ≥ 9 months
              • 0 month(s).
            • tenure ≥ 2 years
              • 0 month(s).
            • tenure ≥ 4 years
              • 0 month(s).
            • tenure ≥ 5 years
              • 0 month(s).
            • tenure ≥ 10 years
              • 0 month(s).
            • tenure ≥ 20 years
              • 0 month(s).

            Pay in lieu of notice: No

            Remarks:
            • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            Notes / Remarks
            Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
            Procedural fairness is assessed by the court on a case-by-case basis.

            + show references

            Notification to the worker to be dismissed: no specific form required

            Remarks:
            • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
              However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

            Notice period:
            Remarks:
            • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
              • tenure ≥ 6 months
                • 0 month(s).
              • tenure ≥ 9 months
                • 0 month(s).
              • tenure ≥ 2 years
                • 0 month(s).
              • tenure ≥ 4 years
                • 0 month(s).
              • tenure ≥ 5 years
                • 0 month(s).
              • tenure ≥ 10 years
                • 0 month(s).
              • tenure ≥ 20 years
                • 0 month(s).

              Pay in lieu of notice: No

              Remarks:
              • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              Notes / Remarks
              Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
              Procedural fairness is assessed by the court on a case-by-case basis.

              + show references

              Notification to the worker to be dismissed: no specific form required

              Remarks:
              • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
                However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

              Notice period:
              Remarks:
              • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
                • tenure ≥ 6 months
                  • 0 month(s).
                • tenure ≥ 9 months
                  • 0 month(s).
                • tenure ≥ 2 years
                  • 0 month(s).
                • tenure ≥ 4 years
                  • 0 month(s).
                • tenure ≥ 5 years
                  • 0 month(s).
                • tenure ≥ 10 years
                  • 0 month(s).
                • tenure ≥ 20 years
                  • 0 month(s).

                Pay in lieu of notice: No

                Remarks:
                • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                Notes / Remarks
                Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
                Procedural fairness is assessed by the court on a case-by-case basis.

                + show references

                Notification to the worker to be dismissed: no specific form required

                Remarks:
                • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
                  However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

                Notice period:
                Remarks:
                • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
                  • tenure ≥ 6 months
                    • 0 month(s).
                  • tenure ≥ 9 months
                    • 0 month(s).
                  • tenure ≥ 2 years
                    • 0 month(s).
                  • tenure ≥ 4 years
                    • 0 month(s).
                  • tenure ≥ 5 years
                    • 0 month(s).
                  • tenure ≥ 10 years
                    • 0 month(s).
                  • tenure ≥ 20 years
                    • 0 month(s).

                  Pay in lieu of notice: No

                  Remarks:
                  • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  Notes / Remarks
                  Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
                  Procedural fairness is assessed by the court on a case-by-case basis.

                  + show references

                  Notification to the worker to be dismissed: no specific form required

                  Remarks:
                  • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
                    However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

                  Notice period:
                  Remarks:
                  • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
                    • tenure ≥ 6 months
                      • 0 month(s).
                    • tenure ≥ 9 months
                      • 0 month(s).
                    • tenure ≥ 2 years
                      • 0 month(s).
                    • tenure ≥ 4 years
                      • 0 month(s).
                    • tenure ≥ 5 years
                      • 0 month(s).
                    • tenure ≥ 10 years
                      • 0 month(s).
                    • tenure ≥ 20 years
                      • 0 month(s).

                    Pay in lieu of notice: No

                    Remarks:
                    • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    Notes / Remarks
                    Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
                    Procedural fairness is assessed by the court on a case-by-case basis.

                    + show references

                    Notification to the worker to be dismissed: no specific form required

                    Remarks:
                    • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
                      However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

                    Notice period:
                    Remarks:
                    • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
                      • tenure ≥ 6 months
                        • 0 month(s).
                      • tenure ≥ 9 months
                        • 0 month(s).
                      • tenure ≥ 2 years
                        • 0 month(s).
                      • tenure ≥ 4 years
                        • 0 month(s).
                      • tenure ≥ 5 years
                        • 0 month(s).
                      • tenure ≥ 10 years
                        • 0 month(s).
                      • tenure ≥ 20 years
                        • 0 month(s).

                      Pay in lieu of notice: No

                      Remarks:
                      • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      Notes / Remarks
                      Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
                      Procedural fairness is assessed by the court on a case-by-case basis.

                      + show references

                      Notification to the worker to be dismissed: no specific form required

                      Remarks:
                      • The ERA does not require that the dismissal notification be in writing. The form of the notification can be specified in an employment contract.
                        However, any dismissed employee has the right to request a written statement indicating the reasons for the dismissal, within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, whichever is the later. The employer shall provide such statement within 14 days after the request (art. 120 ERA).

                      Notice period:
                      Remarks:
                      • No specific period of notice is required by statute. Notice requirement is a matter for contract. Where notice is specified under the contract of employment or under a collective agreement, failure to provide such notice will be treated as a factor evidencing an unjustified dismissal. Moreover, failure to give the requisite notice is also a breach of contract which is actionable by a claim for breach of contract or by arrears of wages claim. Where notice is not specified in the contract, the adjudicatory bodies will determine what constitutes reasonable notice in the circumstances.
                        • tenure ≥ 6 months
                          • 0 month(s).
                        • tenure ≥ 9 months
                          • 0 month(s).
                        • tenure ≥ 2 years
                          • 0 month(s).
                        • tenure ≥ 4 years
                          • 0 month(s).
                        • tenure ≥ 5 years
                          • 0 month(s).
                        • tenure ≥ 10 years
                          • 0 month(s).
                        • tenure ≥ 20 years
                          • 0 month(s).

                        Pay in lieu of notice: No

                        Remarks:
                        • Pay in lieu of notice is not required by statute. However, pay in lieu of notice clauses can be stipulated in the employment contract.

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No

                        Notes / Remarks
                        Although there are no statutory procedural requirements for individual dismissals in the ERA, an employer is required to adhere to the requirements of procedural fairness and reasonableness and the principles of natural justice in order for a dismissal to be justified.
                        Procedural fairness is assessed by the court on a case-by-case basis.