Being made redundant can be a very difficult and unsettling process and so its important you understand your rights and options. Our employment team can review your situation, provide you with a summary of your circumstances and offer some practical advice to help you work through the details.
Or call +64-9-486-2169
Employment support when you need it
Redundancy is an emotive subject and difficult for all parties involved, but most of all for you as the employee. There are processes that must be strictly adhered to as required by section 4 of the Employment Relations Act and the good faith requirements.
The employer’s good faith obligations contained in section 4(1A)(c) of the Employment Relations Act require “…an employer who is proposing to make a decision that will, or is likely to, have an adverse effect on the continuation of employment of his…employee…to provide the employee…(i) access to information, relevant to the continuation of the employee’s employment, about the decision; and (ii) an opportunity to comment on the information to their employer before the decision is made.”
Simply put, this means that an employer considering redundancy action needs to ensure that he has given the employee a copy of all information that he is relying on in making the decision.
The employee must be given a genuine opportunity to comment on the possibility of redundancy, and any feedback that the employee may give regarding how the redundancy may be avoided should be carefully considered by the employer. Finally, a decision can be made.
Or call +64-9-486-2169
