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Results for redundancy consultation

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KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

Matched passage: The Authority held these were not minor defects: they went to the core of what redundancy consultation requires.
PENNY v FRELLO LIMITED [2025] NZERA 317 - redundancy consultation and redeployment failures

Henry Penny was selected for redundancy from Frello's software-development team after a restructure intended to reduce headcount. He argued resignations had already reduced staff numbers, the selection outcome was predetermined, and consultation and redeployment were not genuine.

Matched passage: Rodd Penney was also appointed to the position of CEO on 24 October 2023 and the next day the restructure proposal was communicated to staff.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: Practical takeaways Disclose the real case: information relied on later to justify redundancy should ordinarily be given to the employee during consultation.
Redundancy Advice for Employers NZ | Restructure, Consultation and PG Risk

Employer redundancy guidance covering genuine business reasons, proposal documents, disclosure, consultation, selection criteria, redeployment and the personal-grievance risks of a predetermined process.

Matched passage: We assist employers with redundancy proposals, business case review, consultation letters, selection criteria, redeployment issues, final decision letters, mediation, and responses to Personal Grievances arising from redundancy.
WEI v LANQUAN LIMITED and Ors [2025] NZERA 491 - genuine redundancy but consultation inadequate

Ms Wei was made redundant from Lanquan after a downturn in architectural work. The ERA accepted the commercial need for redundancy but examined an abrupt process in which she was told the decision without meaningful prior consultation.

Matched passage: Decision markers (as described by the Authority) Lanquan has established that it had genuine commercial reasons for making Ms Wei redundant, so her dismissal was substantively justified.
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: The Authority was satisfied that Mr Knox has suffered humiliation and injury to his feelings as a consequence of RIT's unjustified redundancy.
Limei Wang v Serenity Float Clinic Limited [2025] NZERA 599 - redundancy without consultation despite insolvency

Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.

Matched passage: The Authority found there was little or no consultation or engagement with Ms Wang before termination, and Ms Wang was not aware of the severity of the financial position until it was effectively too late.
STILLMAN v BROTHER COFFEE LIMITED [2025] NZERA 239 - genuine redundancy but consultation unfair

Brother Coffee closed its cafe and made Ms Stillman redundant. The ERA accepted there were genuine commercial and personal reasons to close but examined when the decision was actually made and whether consultation occurred before the outcome became fixed.

Matched passage: In the context of a dismissal for redundancy, it is settled law that if an employer can show the redundancy was genuine and enacted in a procedurally fair manner, then the s 103A test may well be satisfied.

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