Search Employment Law

Stuff had genuine commercial reasons to restructure, but it failed to properly establish that Andrew McFarlane's existing role was surplus before making him compete for a substantially similar role. The ERA found the dismissal unjustified, criticised the contestable selection and redeployment process, and awarded $25,000 compensation plus $30,840.98 gross lost remuneration and holiday pay.

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.

Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.

Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

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.

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.

After 21 years as a marketing manager, Glenice Cooper was dismissed for redundancy by Success Realty. By the investigation meeting the employer conceded the dismissal was unjustified, leaving the ERA to determine the proper level of lost remuneration, bonus and compensation.