employment law nz redundancy

Editor. Redundancy. Restructuring and Redundancy issues often arise, especially around Christmas for some perverse reason: strikes and lockouts on the other hand infrequently. Call us first for your free consultation. Unless the employee could show that the redundancy was a sham, motivated by a desire to exit an employee for reasons other than redundancy (for example, poor performance), the Courts tended not to interfere. Clear workplace policies and procedures support employment agreements and mean everyone knows how things are meant to be done. Redundancy is generally considered to be a situation where an employee’s position is surplus to the employer’s commercial needs. Employment Agreements . In Italy, there is no severance pay or redundancy compensation as such. NZ; Career Advice. Redundancy is a form of dismissal from your job. Describes redundancy payments and how statutory redundancy is calculated. Does your situation reflect what your contract says? 3022. Should the Employment Relations Authority find that your restructure or redundancy was not for genuine reasons, then you are likely to face an award in favour of your employee for three months pay, compensation of approximately $5,000, plus a contribution to the employee's representation costs of $3,500. you appoint us as your support person or representative and we solely represent your best interests with the issues that you have. An Employer needs to be able to justify the redundancy, and follow fair procedure throughout the process. If you are an employer and you wish to make an employee redundant, you must ensure: that there are genuine commercial reasons for doing this (that is, that the redundancy is substantively justified) that the process by which this is done is fair (procedural fairness), and that you comply with any relevant terms in the employment agreement According to redundancy law, you’re entitled to a minimum notice period of: 12 weeks’ notice if employed for 12 years or more. The employer has to get it right, so if you have been fired or forced to quit, we can help. That means unless your employment agreement provides for redundancy pay, you don’t get any. Have they made any major purchases lately? If they do not follow it properly you could be entitled to compensation. A discussion at the meeting would include input and feedback from you to the employer over the issues of redundancy. Employment agreements that contain redundancy clauses usually include a caveat: that employees will not be entitled to compensation when electing to not continue on with the new owner. Employers need to prove that they acted in a fair and legal way or face legal consequences. Under New Zealand employment law, employers and employees both have rights and responsibilities. Redundancy Read more. - Nationwide employee advocacy for all employment issues - We cover all costs for grievance cases. 2nd ed. Employment Lawyers and Employment Advocates provide the same services. Make sure you check your contract of employment, as it might state that you’re entitled to longer notice periods. if his dismissal is the result wholly or mainly of the cessation of the employer's business or to the cessation or diminution of demands for particular work. Other guide categories View all categories. Notice of termination of employment must be given in accordance with the employee’s agreement. Your employer must treat you fairly, pay you at least the minimum wage set by the government, and meet their other employment law obligations. In the employment law of the UK, certain rights accrue to someone who is made redundant, i.e. Fill out the form below and we’ll be in touch as soon as possible. Redundancy and Restructuring; Harassment and Workplace Bullying ; Negotiations ; Wrongful Dismissal; If you need to hire a lawyer in Dunedin to represent you in any employment matter such as an unfair dismissal, wrongful dismissal or employment disputes, Jenny Beck Law is the firm who can give solid employment law advice. The workplace change process gives an outline of the process an employer should follow when working through a change. Don't forget that our initial consultation with you is free. It happens when employers need to reduce their workforce. claims in the Employment Relations Authority and Employment Court; As employment law in NZ is rather process driven, and there are fairly strict time limits that can apply, it is vital to get early expert advice to ensure the best outcome. If you do, then the first step is to raise a personal grievance for an unjust termination. This section provides help in some key areas. London: Thomson Reuters. Our services are available in English and Chinese/Mandarin. Is the business really struggling? So when signing up to a new job, it pays to check your redundancy entitlements. Redundancy? Learn more about Redundancy and NZ Employment Law. Employment law situations can get highly emotive as we are dealing with people's livelihoods. When an employer advises an employee that they have not been successful in the redeployment process they should make sure that the employee is offered at least all of the support that is mentioned in the employment agreement or policies and/or has been mentioned in the change proposal. If you have a workplace issue, you may want to use the Early Resolution Service to resolve it early, quickly and informally. A redundancy is when an employer dismisses an employee on the ground that the employee's position is being discontinued for business reasons. It came into force on 28 June 2020. Redundancy focuses on the role itself and not the individual. Redundancy is a situation where an employer terminates an employee due to the fact that the position filled by that employee is no longer required to the needs of the employer. how to fire an employee; Employment Restructuring and Redundancy; Employers Guide to Disciplinary Meetings; Employment Agreement New Zealand; FAQ. Therefore how a redundancy is managed is subject to the statutory Test of Justification, what a fair and reasonable employer could have done in the circumstances. If there is no mention of the amount it could be up for negotiation. Redundancy is often confused as an easy way to remove an employee. An employer must follow a proper and fair process and all redeployment options exhausted before any positions are made redundant. New Zealand Employment Law Specialists. Still haven't found what you're looking for? An overview of redundancy, with links to more detailed information. It also requires an employer who is proposing to mak… It’s important for employers to use good hiring processes, and for everyone to follow minimum rights and responsibilities. You should be invited to at least 1 individual meeting with your employer to discuss redundancy. Please note that this content will change over time and may be out of date. Understand various employment issues with these self-help articles explained in a plain English HowTo.. format. The law sets out various entitlements for employees following redundancy. Redundancy arises where the role becomes superfluous to the requirements of a business. Contact us today by leaving your details on the online form. 0800 088 4022. News and updates ... to pay $90,000 in penalties for breaching employment laws. Under New Zealand law it is not compulsory for an Employer to pay redundancy compensation. We assist employees, employers and employment lawyers with dedicated pages of information for Employees and Employers.Our first consultation is free, so you can call us for a chat on our free 0800 number, 0800 HELP ME (0800 435 763) or email danny.gelb@employmentlaw.net.nz about your situation without … Minimum wage | Employment New Zealand Redundancy While most employees will face restructuring and redundancy during their working life, they often feel that the decision is personal and has little to do with genuine commercial needs and the law. Outlined in the written notice forced to quit, we provide legal services for employment law, is. Employers need to prove that they acted in a plain English HowTo.. format,. Hand infrequently to act in good faith when Making employees redundant relationships may be ended, such as,! To work the notice period easy way to remove an employee redundant or email us to discuss redundancy... pay! 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