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Results for genuine redundancy
![LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.
Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.
PowerNet proposed to disestablish Ms Pink's occupational-health role and replace the service model, but the ERA scrutinised whether the proposal genuinely reflected her whole role, the asserted flexibility rationale and the lack of supporting costings.
Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.
SAS Builders made Stephanie Martin redundant during a 2024 restructure. The central issues were whether the commercial restructure was genuine, whether the consultation was fair, and whether she should have been considered for a new role created in the business.
When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.
Employer redundancy guidance covering genuine business reasons, proposal documents, disclosure, consultation, selection criteria, redeployment and the personal-grievance risks of a predetermined process.
ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.
