Login
Login

Your trusted CPD partner

16ERW

Employment - Redundancy

NZ $25.00
Bronwyn Heenan 2016 Rebecca Rendle 2016
Bronwyn Heenan
Senior Associate
Simpson Grierson
Wellington
Rebecca Rendle
Senior Associate
Simpson Grierson
Auckland

Authors: Bronwyn Heenan, Rebecca Rendle
Published: 16 June 2016
Pages: 23

Introduction

There have been a series of significant cases determined by the Employment Court (Court) in relation to redundancy since 2010, starting with the case of Wang v Hamilton Multicultural Society1 and culminating with the Court of Appeal's decision in Grace Team Accounting Ltd v Brake.2

When assessing a decision to make a position redundant the Employment Relations Authority (Authority) and Court will assess:
  • the genuineness of the redundancy; and
  • whether the dismissal was carried out in a procedurally fair manner.

Following a series of decisions, the Court of Appeal confirmed in Grace Team Accounting v
Brake
 that the Authority and Court are entitled to inquire into the merits of a business decision. This is to enable an assessment to be made about whether the decision was what a fair and reasonable employer could have done in all the circumstances, as required by s 103A of the Employment Relations Act 2000 (the ERA).

This paper focusses on key decisions on selection processes, redeployment, and how the Authority and Court has applied the decision in Grace Team Accounting to the assessment of whether redundancy decisions were fair and reasonable.


______________________
1 [2010] NZEmpC 142.
2 [2013] NZEmpC 81; [2014] NZCA 541.
 

Content outline

 
  • Key provisions of the Employment Relations Act 2000
    • Good Faith
    • Test of Justification
  • Key cases
  • Good faith obligations regarding the provision of information
  • Amendment to the ERA
View contents page

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Natural Justice in Employment

Publication Date: 26-Apr-2016

Author: Andrew Scott-Howman

NZ $30.00

Multiple Registration
 
CONTACT
INQUIRIES
freephone (within NZ)
0800 333 111

EMAIL 
cle@lawyerseducation.co.nz

PHONE
04 472 7837

FAX
04 463 2986
 
ADDRESS
NZLS CLE Ltd

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand