The 90-day clock starts immediately — here is the order

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

Document, raise, then negotiate.

In this guide
  1. One: document everything
  2. Two: raise the grievance within 90 days
  3. Three: get free advice
  4. Four: consider what to negotiate
  5. Before signing any settlement
  6. Financial support while you look
  7. Job hunting
  8. What the Authority can award
  9. If you missed the 90 days

If you have been dismissed and think it was unjustified, the sequence matters as much as the substance.

One: document everything

Emails, meeting notes, dates of all communications, the termination letter and its stated reason.

Records created now carry more weight than reconstructions later.

Two: raise the grievance within 90 days

The clock runs from when the action occurred or came to your notice, whichever is later.

Raising it means making your employer aware that you allege a personal grievance you want addressed. Putting it in writing creates the record.

For sexual harassment grievances, the period is 12 months.

Three: get free advice

Employment New Zealand — 0800 20 90 20 — and Community Law Centres both provide guidance at no cost.

Four: consider what to negotiate

Beyond the core claim, there are things worth asking for:

  • A reference letter
  • Extended health cover
  • Payout top-ups

Before signing any settlement

Written settlements in the pre-termination negotiation framework are full and final and protect the employer against grievances.

Signing ends your ability to pursue the matter. Read it, and get advice first.

Financial support while you look

  • WINZ benefits including Jobseeker Support
  • ACC, if you were injured during the transition
  • KiwiSaver — check the withdrawal rules, though these are limited

Job hunting

Start early rather than waiting for the process to conclude. The two can run in parallel.

What the Authority can award

Reinstatement, lost wages, or compensation. Reinstatement is a genuine possibility, not a theoretical one.

If you missed the 90 days

Your employer may consent to a late grievance. Otherwise you can apply to the Authority for leave, granted only where the delay was caused by exceptional circumstances.

It is not guaranteed, so act promptly.

Frequently asked questions

What should I do first after a dismissal?
Document everything — emails, meeting notes, dates, the termination letter and its stated reason. Records created now carry more weight than later reconstructions.
When does the 90-day clock start?
From when the action occurred or came to your notice, whichever is later. For sexual harassment grievances the period is 12 months.
Where can I get free advice?
Employment New Zealand on 0800 20 90 20, and Community Law Centres.
What is worth negotiating beyond the claim?
A reference letter, extended health cover and payout top-ups.
What happens if I sign a settlement?
Written settlements are full and final and protect the employer against grievances. Signing ends your ability to pursue the matter, so get advice first.

Sources

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