Redundancy
TopicA redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
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Results for unfair dismissal
A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
Employment Relations Act 2000, s 103A - the response should answer the statutory test If the grievance alleges unjustified dismissal or unjustified disadvantage, the employer's response should be organised around s 103A.
... response are often the difference between lawful management and an unjustified dismissal or unjustified disadvantage. Calling defects "minor" does not make them minor. Important Note: as described further below, ...
" This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.
Related employer help pages These pages may also assist: Dismissal and disciplinary process for employers NZ - before sending a warning, outcome letter, or dismissal letter.
Practical employment law help for New Zealand employers dealing with staff disputes, dismissal issues, redundancy, mediation, Personal Grievances, ERA claims, and Employment Court risk.