Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.
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Results for redundancy
After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.
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.
Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.
Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.
Aiga Faamanu Roache's Accounts Payable Team Leader role at Pamu was disestablished after automation reduced manual finance processing. The ERA examined whether Pamu had actually explained why her leadership role was surplus, allowed meaningful consultation and handled redeployment properly.
Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.
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.
