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What are the rules for termination of employment in New Zealand?

1. Notice period: The employer must provide the employee with adequate notice of termination, which is based on the employee’s length of service and specified in the employment contract. The minimum notice period is one week for employees who have served the employer for less than two years, and four weeks for those who have served for two years or more.

2. Redundancy: If the employer decides to lay off employees due to economic or technological reasons, they must follow a fair process of consultation, selection, and compensation. The employee may be entitled to severance pay, alternative employment, or other support.

3. Unfair dismissal: The employee may challenge the lawfulness of their dismissal if it breaches the terms of their employment contract, the human rights and discrimination laws, or the good faith obligations of the employer. They may file a complaint with the Employment Relations Authority or seek mediation or arbitration.

4. Collective bargaining: If the employee is covered by a collective agreement negotiated by their union, the employer must comply with the terms and procedures of the agreement when terminating their employment.

5. Probationary period: The employee may be subject to a probationary period of up to 90 days, during which the employer may terminate their employment without providing a reason or notice. However, the employer must act in good faith and not unfairly dismiss the employee based on prohibited grounds.

6. Health and safety: The employer must ensure that the termination of employment does not jeopardize the health and safety of the employee or others in the workplace. They must also provide support and accommodation to employees who have suffered from work-related injuries or illnesses.

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