We’ve all heard about the controversial “Massey v Wrigley” case, which has redefined the way we need to conduct our selection processes when restructuring, at least for the time being.  We’re hoping this piece of case law will change before too long, and Government has indicated that if it’s not resurrected through the Courts then a law change will be looked at around this in the future.

Restructuring Redundancy Develop Proposal Change

Redundancy is generally considered to be a situation where an employee’s position is surplus to the employer’s commercial needs. Employers must be able to justify redundancies substantively (show that they are genuine) and procedurally (that a fair procedure was followed). An employer who fails to carry out a proper restructure process will be potentially liable for remedies such as compensation, penalties, lost remuneration and reinstatement.

Restructuring Consultation Good Faith Employment Protection Provision

In accordance with Section 69OI(1) of the Employment Relations Act 2000 (the “Act”), an employee protection provision means a provision—

Restructuring Change Management Implement Justifiable Redundancy Process 2

Background: I own a motel that currently has 28 rooms. I work a few hours myself and I employ a permanent part-time manager. I also have three employees (the cleaners) who are part-time with variable hours who carry out cleaning, servicing rooms and “whatever” turns up on the day. The manager helps with those duties after dealing with administrative matters. I am converting half the rooms to apartments, so will only have a ten-room establishment. I will no longer need a part-time manager. Anticipating what is likely to happen, two of the cleaners have decided to return to study and have advised they will be terminating employment in two months’ time. After the conversion is carried out, I will be able to run the business with only two cleaners. The manager has become overbearing and I will be glad to give him notice of redundancy and work on my own again.

Personal Grievance Pg

Under the Employment Relations Act 2000, a “personal grievance” is an action taken against an employer or former employer by an employee who claims to have been: • unjustifiably dismissed • disadvantaged in employment by an unjustifiable action of the employer • discriminated against • sexually harassed • racially harassed • subject to duress in relation to union membership, or • disadvantaged by the employer’s failure to comply with the Act’s requirements in relation to restructuring    situations

Were Hiring Join Our Talented Team Of Er Specialists

We have positions available in both our Conflict Resolution and ER Support Teams, for which we are looking for people with a strong understanding of the New Zealand employment relations jurisdiction and best practice ER/HR advice.  Depending on your level of experience and expertise, your work could involve a variety of things from employment agreements, policies, health and safety, disciplinary and performance matters, recruitment, restructuring and redundancies through to high level employment relations strategy, collective bargaining, dispute resolution, conflict management, mediations, investigations and change management.

Managing redundancies in the COVID-19 environment

The effect of the COVID-19 virus on our economy is likely to be significant. As a consequence, some employers are going to need to take costs out of their businesses in order to weather the present environment.

Volunteer Employee

If you thought working for food or accommodation was volunteering, think again. By law, anyone working in return for food and accommodation is an employee in accordance with section 6 of the Employment Relations Act 2000.

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