If you have been unjustifiably dismissed or treated unfairly by your employer, you may have the ability to raise a personal grievance against your employer.

The Employment  Relations Act 2000 provides that the question of whether a dismissal or an action is justifiable must be determined on an objective basis by considering whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer would have done in all the circumstances, at the time the dismissal or action occurred.

An employer wanting to dismiss an employee must:

a) Have a substantive reason which justifies a dismissal; and
b) Follow a proper, consultative and fair process with the employee prior to dismissal.

Both parties to the Employment relationship owe each other a duty of good faith.  In the context of dismissals or any type of disciplinary action, this means an employer must  treat the employee with fairness, including  giving them time to respond to allegations, hearing both sides of the story, allowing for support people to be present and ensuring that dismissal is an appropriate response (not an overkill response) to whatever action is being complained off.