Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real
Carol Chesmar had worked for Rooney Earthmoving Limited for more than nine years when her labourer position was disestablished. The ERA accepted that the redundancy was not a sham and that Rooney Earthmoving had genuine work and financial concerns. However, it withheld relevant financial and operational information, failed to consult over the end of Mrs Chesmar's Taiko landfill deployment, had effectively decided by the start of consultation that her role would go, and gave her no meaningful opportunity to influence the outcome. The dismissal was unjustified. Rooney Earthmoving was ordered to pay $14,471.60 gross lost remuneration and $25,000 compensation.
