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WEI v LANQUAN LIMITED and Ors [2025] NZERA 491 - genuine redundancy but consultation inadequate

Ms Wei was made redundant from Lanquan after a downturn in architectural work. The ERA accepted the commercial need for redundancy but examined an abrupt process in which she was told the decision without meaningful prior consultation.

Matched passage: Section 103A(3)(a) of the Act required Lanquan to (quoted wording omitted) the circumstances that resulted in the disestablishment of Ms Wei's position and her redundancy.
PENNY v FRELLO LIMITED [2025] NZERA 317 - redundancy consultation and redeployment failures

Henry Penny was selected for redundancy from Frello's software-development team after a restructure intended to reduce headcount. He argued resignations had already reduced staff numbers, the selection outcome was predetermined, and consultation and redeployment were not genuine.

Matched passage: Rodd Penney was also appointed to the position of CEO on 24 October 2023 and the next day the restructure proposal was communicated to staff.
VAN HEERDEN v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 217 - redundancy substantively and procedurally unjustified

Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.

Matched passage: The Authority notes that The first Mr van Heerden knew that his ongoing employment was in jeopardy was when he was told at the meeting on 30 January 2024 that his role had been disestablished and he had been made redundant.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 57 - NDA disadvantage and redundancy dismissal unjustified

The Platform Media made Ms O'Brien redundant after a period of absence and a dispute that also involved a proposed NDA. The ERA examined whether redundancy was the true predominant reason, whether alternatives and redeployment were genuinely considered, and whether the NDA process caused disadvantage.

Matched passage: In summary, She was dismissed from her employment as of 15 June 2023 following the implementation of a restructuring proposal.
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: For reasons above I therefore find that RIT failed in its good faith obligations to genuinely consult Mr Knox under s 4(1A)(c), and that its decision to dismiss Mr Knox for redundancy was unjustified.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

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.

Matched passage: In summary, ADO was given notice of termination on the grounds of redundancy, with his employment to cease on 15 January 2024.
Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Tihei Kereopa-Rerekura's employment at Cruz Bar ended while Covid isolation requirements were affecting work. The employer relied on redundancy, but the ERA examined whether there was a genuine redundancy and whether any fair consultation process occurred before the employment ended.

Matched passage: When Tihei later tested positive for Covid-19, the employer then told him his position would have to be made redundant.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: Need help with a redundancy or ERA matter?

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