ClickCease

Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96 - redundancy unjustified for consultation failures and no redeployment discussion; $24,230 lost wages, $19,000 compensation, $1,500 penalty

A senior journalist/editor with 18 years at Radio Waatea was made redundant after a restructure merging English and Maori newsroom functions. The ERA accepted the restructure had genuine business reasons, but held the redundancy dismissal unjustified because key proposal information was not fairly shared, the employee was not clearly told his role was at risk until the termination day, and redeployment options were not consulted on. Orders: $24,230.77 lost wages (plus interest and KiwiSaver), $19,000 compensation, and a $1,500 Wages Protection Act penalty (half to the employee).


Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96

A detailed, plain-English summary of an Employment Relations Authority (ERA) determination about an unjustified redundancy dismissal at Radio Waatea / UMA Broadcasting Limited, including consultation failures, redeployment issues, and a Wages Protection Act penalty for withholding final pay. The full determination is embedded at the end of this page.

At a glance

  • Citation: [2026] NZERA 96
  • Parties: Adam Gifford v Uma Broadcasting Limited
  • Registry: Auckland
  • Authority member: Helen van Druten
  • Investigation meeting: 27 and 28 November 2025 at Auckland
  • Submissions received: 28 November 2025 from the Applicant; 28 November 2025 from the Respondent
  • Determination date: 23 February 2026
  • Outcome: Redundancy dismissal unjustified (good faith/consultation failures). Remedies and a Wages Protection Act penalty ordered.
  • Key money orders: $24,230.77 gross lost wages (plus interest and KiwiSaver), $19,000 compensation, and a $1,500 penalty (half to the employee, half to the Crown), payable within 28 days.
  • Costs: reserved (timetable set if not agreed).

What happened

Adam Gifford worked at Radio Waatea / UMA Broadcasting Limited for about 18 years as a senior journalist and English news editor. In 2024 UMA appointed a new general manager, held a staff hui to gather ideas, and prepared an internal report for the Board covering financials, market data, strategy and a proposed new structure.

On 11 September 2024 staff were emailed a general restructure proposal. It proposed merging English and Maori newsroom functions and stated that consultation would follow. It also flagged that outcomes could include redeployment or redundancies, and that new roles could be created.

Mr Gifford met with the general manager during the consultation phase and provided feedback. He said the discussions focused on how a merged newsroom could operate and he was not clearly told his own role might be disestablished. On Friday 4 October 2024 the employer issued a notice letter disestablishing his position, and shortly afterwards emailed staff confirming that the English newsroom would lose roles including Mr Gifford's.

Mr Gifford was paid four weeks in lieu of notice to 4 November 2024 and raised a Personal Grievance (PG) shortly afterwards. He also sought a penalty because UMA withheld his final pay for a period, using the withheld wages to pressure him to return company property.

Legal framework

Redundancy dismissals are assessed under s 103A of the Employment Relations Act 2000: whether the employer's actions were what a fair and reasonable employer could have done in all the circumstances. In redundancy situations, good faith obligations under s 4 are central. In practice that means the employer must share relevant information so feedback can be meaningful, clearly communicate when a specific position is at risk, provide a genuine chance to comment, and genuinely consider the employee's responses (including redeployment options) before making final decisions.

Why the redundancy dismissal was unjustified

The Authority accepted UMA had a genuine business reason to restructure (tight funding and a desire to reduce duplication and inefficiency). The Authority was not deciding whether UMA chose the best structure, only whether the reasons were genuine and the process met the statutory standard.

The problem for UMA was not the genuineness of the restructure. It was the consultation process as applied to Mr Gifford. The Authority found key information that existed in the Board report (which informed the proposal) was not fairly shared with him. The general 11 September email did not give specifics, and there was no clear written record showing that Mr Gifford was told his own position was at risk. The Authority found UMA made assumptions about what he understood, and that disconnect affected his ability to provide meaningful feedback.

Redeployment was also mishandled. The Authority found there was no documented discussion with Mr Gifford about possible alternative roles (including a newly created role and a vacant editor role). Any suggestion to "chat on alternatives" came too late, because the employer had already effectively announced he was not moving into the new structure.

Taken cumulatively, the Authority held UMA's actions were not what a fair and reasonable employer could have done in all the circumstances. The redundancy dismissal was therefore unjustified and involved a breach of good faith obligations.

Remedies and penalty

  • Lost wages: three months' ordinary time remuneration of $24,230.77 gross, with interest under the Interest on Money Claims Act 2016, and the employer KiwiSaver contribution (with appropriate deductions).
  • Compensation: $19,000 for humiliation, loss of dignity and injury to feelings (assessed as moderate harm in the context of long service and the way the termination occurred).
  • Contribution: no reduction (no basis to find blameworthy conduct contributing to a redundancy dismissal).
  • Penalty (withheld final pay): $1,500 for breach of s 13 Wages Protection Act 1983, split 50/50 between Mr Gifford and the Crown.

Orders made

  • Compensation: $19,000.00 under s 123(1)(c)(i).
  • Lost wages: $24,230.77 gross for three months' ordinary time remuneration, plus interest and KiwiSaver employer contribution (with appropriate deductions).
  • Penalty: $1,500 for breach of s 13 Wages Protection Act 1983 (half to Mr Gifford, half for transfer into a Crown account).
  • Time to pay: within 28 days of the determination date (23 February 2026).
  • Costs: reserved; timetable set if costs are not agreed.

Practical takeaways

  • A redundancy can be genuine but still unjustified if the employer does not meet consultation and good faith duties.
  • Share the key information that drives the proposal (not just a general email) so employees can give meaningful feedback.
  • Be explicit if a specific employee's job is at risk. Do not assume they will infer it.
  • Redeployment is part of a fair redundancy process. Discuss alternative roles before confirming termination.
  • Withholding final pay to force return of property is risky and can attract penalties under the Wages Protection Act.
If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

Read the full ERA determination (embedded)

If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Mobile / tablet tip: Some browsers do not display embedded PDFs reliably. Use the Open button above.


Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.

0800 WIN KIWI

Search
Search articles and guides.
Tip: press / to search

Related articles

Browse all articles
Based on: Unfair Dismissal Cases, Redundancy
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Thomas Shea was told by phone that there was no more work for him after his trucking and contracting hours fell sharply. STLand Contracting Limited had genuine financial pressure and could have commenced a workplace change process, but it did nothing. The ERA found a clear dismissal without consultation, found that Mr Shea had also been bullied in an unsafe workplace, and ordered $45,600 in notice pay, lost wages, compensation and costs...

Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Auckland Council summarily dismissed a fitness instructor over an undeclared personal-training business and three social-media videos filmed at a Council leisure centre. The ERA held that the Council relied on policies which did not in substance fit the alleged conflict, failed to raise the contractual obligations it might have relied on, and pursued discipline over matters known long beforehand without first discussing them in good faith. The dismissal was unjustified. Remedies were reduced by 10 percent for the employee's use of customers and the workplace to promote his own business...

Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process

Neil Hall's Northland asbestos-surveyor and mould-testing role was genuinely disestablished for commercial reasons, but Consultex Company Limited failed to consult in good faith. It did not meaningfully answer Mr Hall's request for financial information, failed to engage with his redeployment question, and sent a response that strongly suggested the decision had already been made before consultation closed. The ERA found unjustified dismissal and ordered $8,000 compensation, with no reduction for contribution...

Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

Aaron Potter was summarily dismissed by Talley's Limited after a complaint connected with an election for a health and safety representative. The ERA found Talley's had not properly investigated the complaint, had not clearly set out the allegations or supporting information, had not given Mr Potter a fair opportunity to respond, and could not reasonably conclude that he had bullied, intimidated, or attempted to influence the vote. Mr Potter was awarded $20,000 compensation and $7,226.25 gross lost remuneration, no contribution was found...

Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett was required to resign before holiday leave and then re-employed after the break. The ERA held that Polygon had manufactured the termination to minimise Holidays Act liabilities, meaning her employment was continuous. It also found a later redundancy dismissal unjustified because the business sale remained uncertain, redeployment was not properly considered, relevant information was withheld, and no contractual notice was provided. The Authority ordered compensation, lost wages, notice pay, Holidays Act entitlements, wage arrears, interest and a penalty...

Browse topics