Search employment law articles and guides

ERA held a fixed-term seasonal worker was unjustifiably dismissed for redundancy because the employer decided to select him for redundancy before meeting him and did not consult.

A marketing manager's role was disestablished in a redundancy.

While on ACC leave for a wrist injury, he was given redundancy notice without consultation.

The claimed redundancy was not genuine and there was no fair process.

L Linehaul Ltd [2021] NZERA 304, the ERA held the redundancy dismissal was unjustified due to a lack of consultation, lack of relevant information, and failure to properly explore alternatives and redeployment.

BAZ had genuine financial reasons to restructure, but it gave LUO no proper proposal, financial information, timeframe or clear warning that her job was at risk.

When she refused Bupa Care Services NZ Limited's proposed variation to average those hours over a six-week roster, Bupa presented redundancy as the only alternative.

The ERA accepted that the redundancy was not a sham and that Rooney Earthmoving had genuine work and financial concerns.