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.
Matched passage: The Employment Relations Authority found Stuff failed to first establish that his existing Senior Account Director role was actually surplus, then required him to compete for a new role that substantially reproduced his existing work, and did not actively explore redeployment.