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Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
NZ 90 day trial periods explained for employees. When a valid trial can restrict unjustified dismissal and dismissal-related disadvantage claims, and the common mistakes that can make a trial invalid.
People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.
The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.
Casual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
![OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.
Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.
