Deborah Eyles was stood down from her supervised-contact work and later dismissed in circumstances the employer characterised as redundancy. She challenged both the unexplained removal from work and the absence of any genuine consultation or fair redundancy process.
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Results for redundancy
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.
Wendy Darrell's dispute with Canterbury Vehicle concerned the ending of her employment and associated employment entitlements. The ERA considered whether the employer's conduct met the justification standard and what compensation or payments were required for the breaches established.
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.
Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.
Mr Faitala and Mrs Vea were made redundant by Pacific Island Business Development Trust during a flawed restructure. Their Employment Court challenge focused on pre-dismissal disadvantage during the process and the proper level of lost-remuneration and compensation remedies.
How Covid-19 wage-subsidy arrangements interacted with wages, hours, leave and restructuring, and why subsidy support did not itself authorise employers to reduce contractual or statutory entitlements.
Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.
