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.
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Results for redundancy consultation
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.
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.
Employer redundancy guidance covering genuine business reasons, proposal documents, disclosure, consultation, selection criteria, redeployment and the personal-grievance risks of a predetermined process.
WEI v LANQUAN LIMITED and Ors [2025] NZERA 491 - genuine redundancy but consultation inadequate
CaseMs 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.
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.
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.
STILLMAN v BROTHER COFFEE LIMITED [2025] NZERA 239 - genuine redundancy but consultation unfair
CaseBrother 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.
