Architectural technician Ms Xu was told her role was redundant during a downturn in work. The employer had genuine commercial reasons to reduce staffing, but the decision was communicated without meaningful consultation beforehand.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for unfair dismissal
WEI v LANQUAN LIMITED and Ors [2025] NZERA 491 - genuine redundancy but consultation inadequate
CaseMs 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.
Living Waters told practice nurse Ms Sutter at a catch-up meeting that her role was being made redundant. The ERA examined whether the claimed business rationale was genuine and whether any real consultation occurred before the decision was effectively made.
Hailee-Anne Hirst said a bakery effectively dismissed her after calling her in on a day off and confronting her about allegedly missing market takings. The employer denied dismissing her but did not participate in the investigation meeting.
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.
Mr Williams was told by email on 17 March 2024 that he had been made redundant immediately. He had not previously been told his job was in jeopardy, no supporting information accompanied the decision, and there had been no genuine consultation before the outcome was reached.
Ms Cheng's case against Lincoln University involved several employment grievances and required the ERA to distinguish the claims that were made out from those that were not. The resulting orders included both compensation and a wage-related remedy rather than an across-the-board finding for either party.
Rotorua Quarry treated Cameron Rix's absence as abandonment and ended his employment. The ERA had to decide whether his conduct showed an intention to permanently walk away from the job and whether the employer was entitled to terminate on that basis.
