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Results for redundancy selection criteria

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Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

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.

Matched passage: Here, the Miro board was suspicious and unsatisfactory, but the ERA was not prepared to infer a sham redundancy without audit logs or a closer match between the early board and the final restructure.
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.
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process

Neil Hall was made redundant from Consultex's Northland asbestos and mould work after a downturn that gave the employer a genuine reason to reduce headcount. The dispute centred on whether Consultex complied with its good-faith information and consultation obligations before choosing and implementing the redundancy.

Matched passage: The proposed restructure On 10 February 2025, Consultex told Mr Hall that a review of upper North Island operations had identified a need to restructure.
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.

Matched passage: But it did not run any consultation, workplace-change or redundancy process at all.

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