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Written Reasons for Dismissal

Key Points

  • An employee must now normally have completed at least TWO YEARS' continuous employment with the same employer or an associated employer before the effective date of termination (''edt'') to have the right to require the employer to provide a written statement of reasons for dismissal (ERA 1996 s.92(3)).
  • However, a woman has this right without any qualifying period of employment and without request if she is dismissed while pregnant or after childbirth in "circumstances in which her maternity leave period ends by reason of the dismissal" (ERA 1996 s.92(4)). 
  • The same position applies if an adoptive parent is dismissed while absent from work during adoption leave "if he is dismissed in circumstances in which that period ends by reason of the dismissal’.
  • The basic penalty is a compulsory award of two weeks' pay (ERA 1996 s.93(2)(b)).

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