# Dismissal Official source: https://www.employment.govt.nz/ending-employment/dismissal Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Ending employment Dismissal Ending employment Ending employment Resignation Retirement Giving notice Redundancy Dismissal Dismissal rules for high income earners Constructive dismissal Health issues Abandonment of employment On or after last day of employment Everyone Dismissal Learn about the rules for dismissal and what an employee can do if they think they were dismissed unfairly. Dismissal is when an employer ends (terminates) an employee's employment. It's also called being 'sacked' or 'fired'. Employers must follow a fair and reasonable process when they dismiss an employee. If an employer does not do this, the employee can raise a personal grievance against them. These rules protect the employee from being unfairly dismissed. Different rules for high income earners and trial periods There are different rules for employers to follow when they dismiss an employee who: earns $200,000 or more a year (unless they have opted back in to dismissal protections), or is on a trial period. For more information: Dismissal rules for high income earners Trial periods Before an employer decides to dismiss an employee Before an employer decides to dismiss an employee, they must make sure they have followed any relevant processes first. For example, following any workplace policies for managing: performance issues misconduct ongoing health issues. Performance issues Misconduct Health issues Rules to follow when dismissing an employee If an employer wants to dismiss an employee, they must: have a good reason for dismissal follow a fair process meet the good faith obligation give the employee: the notice stated in their employment agreement (unless they are dismissing them for serious misconduct), or a reasonable period of notice if the agreement does not state a notice period, and provide a written statement explaining the reason for dismissal: if the employee asks for it within 60 days of find out they've been dismissed, and within 14 days of the employee asking for it. The employee (and any other parties involved, such as unions) must also meet the relevant good faith obligations. For more information about these rules, see: Good reason Fair process Good faith Giving notice Workplace policy or procedure If the employer has a workplace policy or procedure for dismissal, they must follow this as well as all the dismissal rules. Dismissing a fixed-term employee If an employee is on a fixed-term agreement, they usually finish their employment when the agreement ends. If an employer wants to dismiss an employee on a fixed-term agreement before it’s due to end, they must follow all the dismissal rules. Permanent or fixed-term employment Dismissing a casual employee If an employer no longer wants a casual employee to keep working for them, they can usually stop offering work. However, if the employee is in the middle of an agreed period of work, they must be able to finish this first. If an employer wants to dismiss an employee during an agreed period of work, they must follow all the dismissal rules. Employers should check the employee’s work situation to make sure it’s still casual. If it has changed from casual to permanent, the employer must follow all the dismissal rules. Casual employment Dismissing an employee while they're on leave If an employer wants to dismiss an employee who is on any type of leave, they must follow all the dismissal rules. If an employee is on long-term leave due to health issues, the employer may eventually consider dismissal for medical incapacity. Health issues Sample letters for dismissing an employee These are sample letters that employers may find useful if they have decided to dismiss an employee. Employers should use these letters after they have followed all the rules for dismissal. There is a letter for: dismissing an employee with notice - when the employee either: works the notice period, or does not work the notice period but is still paid for it dismissing an employee without notice ('instant dismissal' or 'summary dismissal' for serious misconduct). Sample letter - Termination of employment (dismissal with notice) [DOCX, 33 KB] Sample letter - Termination of employment (dismissal without notice) [DOCX, 31 KB] Giving notice Letter for dismissing an employee at the end of a performance process For a sample letter to dismiss an employee at the end of a performance process, see: Formal ways to manage a performance issue Constructive dismissal Constructive dismissal is when an employee feels they have no choice but to resign When an employee tells their employer they will be leaving their job. , because of their employer's behaviour. Constructive dismissal is a type of unjustified dismissal. If an employee believes they have been constructively dismissed, they can raise a personal grievance. For more information about constructive dismissal, see: Constructive dismissal Final pay When an employee is dismissed, their last pay must include their: final wages holiday pay, and any other payments they’re owed. Final pay Annual holidays Last day and reference On the employee’s last day, the employer and employee both have tasks they need to complete. For example, organising to return company property or setting up ‘out of office’ messages. The employee can also ask for a statement of service and a reference. The employer must provide a statement of service but does not have to provide a reference. On or after last day of employment If an employee thinks their dismissal was unfair If an employee believes their employer has not followed the dismissal rules, they can either: raise a personal grievance, or ask for mediation to help resolve the issue. They can also get legal advice. Citizens Advice Bureau (external link) Personal grievance A personal grievance: is an action an employee can take against a current or former employer, and is raised when there is an employment issue that cannot be resolved. Personal grievances Mediation Mediation is a voluntary, confidential and safe way for employers and employees to talk about the problem with an independent mediator. Mediation Get help If you think your rights are not being met in your workplace, you can report this to us using our Get Help form or by calling 0800 20 90 20. Your concerns will be handled in a safe environment. Get help form (external link) Published: 11 March 2024 Last modified: 27 May 2026 Written for: Everyone Share this page: Print this page: