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Results for redundancy consultation

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Good faith in New Zealand employment law - what section 4 requires

A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.

Matched passage: Redundancy and restructuring: consulting before the decision is made and providing relevant information about the proposal, subject to lawful confidentiality and privacy limits.
Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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Covid-19 wage subsidy: employer obligations and wage protection risk

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.

Matched passage: The legal issues are usually not about the subsidy itself - they are about what the employer did next: pay cuts, reduced hours, leave, or restructuring decisions.
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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Ross McCullum v RidgeAir Limited [2026] NZERA 658 - long-serving Chief Pilot was unjustifiably dismissed

After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.

Matched passage: In late 2024 there were discussions about a new employment agreement and the possibility of redundancy.
HARRY SAMPSON v LYTTELTON PORT COMPANY LIMITED [2026] NZERA 17 - Preliminary time limit ruling; grievance in time; mediation directed.

Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.

Matched passage: On 23 December 2021, following a final consultation meeting on 20 December 2021, LPC wrote to Harry Sampson stating the following: "I have carefully considered all possible alternatives to termination for you, but there are no options available.

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