Legal Rights of Employees in the Event of Dismissal: The New Zealand Situation

Abstract

Until 1973 employees in New Zealand had only common law protection against wrongful dismissal and this protection was both limited and of little value other than to senior managers. From 1973 to 1991 there was statutory protection for those employees who were union members, against ‘unjustified dismissal’. From 1991 this statutory protection was amended to include all employees, including senior managers. At the same time the common law was changing to provide increased opportunities for damages. In 2000 the government removed all common law rights of action against wrongful dismissal, requiring all action to be made under statute.