Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.
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Results for redundancy selection criteria
Redundancy
TopicRedundancy 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.
Mt Outdoors terminated seasonal retail worker Cameron Roweth's fixed-term role early when winter trading was weaker than expected. The business had a genuine need to reduce labour costs, but selected him for redundancy without consulting him about the selection decision.
Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.
Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.
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.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.
