Redundancy must be genuine. If your employer used restructuring as a pretext to get rid of you, or failed to follow a fair process, you may have a strong personal grievance claim.
Was your redundancy genuine?
A genuine redundancy occurs when your role is no longer required due to legitimate business reasons such as restructuring, downsizing, or technological change. However, redundancy is frequently misused by employers as a way to dismiss employees they wish to remove for other reasons.
For a redundancy to be lawful in New Zealand, the employer must have a genuine business reason for the restructure, must consult with affected employees before making a final decision, must consider whether there are alternative roles available, and must follow a fair and transparent selection process where multiple roles are affected.
If your employer failed on any of these points, you may have grounds for an unjustified dismissal claim despite the redundancy label.
Did your employer consult with you before the decision was made — or did they simply inform you the decision had already been made? Genuine consultation must happen before a final decision, not after.
Talk to us todayWe examine the reality behind your redundancy and fight for your rights if the process was unfair.
We assess whether the redundancy was a genuine business decision or a pretext for dismissal.
We review the consultation process your employer followed to identify any procedural failures.
We advise on whether your employer properly considered redeployment options before making you redundant.
We raise a formal personal grievance within the 90 day timeframe if grounds exist.
We ensure you receive any redundancy compensation you are entitled to under your agreement or the law.
We represent you through mediation and work to achieve the best possible outcome.
Here is what a fair redundancy process should involve — and what we do when it falls short.
We review your situation and advise whether the redundancy process followed by your employer meets the legal standard.
We gather relevant documents including your employment agreement, restructuring proposals, and correspondence.
If the redundancy was unjustified, we raise a formal personal grievance with your employer within 90 days.
Your employer responds to the grievance. We review their position and advise on next steps.
We attend mediation with you and work toward a settlement that reflects the strength of your claim.
We pursue compensation for lost wages, humiliation, and any other remedies available in your circumstances.
There are situations where challenging a redundancy may be more difficult, though we encourage you to seek advice before ruling out a claim.
If the restructure was a genuine response to real business pressures and the process was fair, it may be difficult to succeed with a grievance claim.
You must raise your personal grievance within 90 days of the dismissal. This deadline is strict.
If you were engaged as a contractor, the employment law protections around redundancy do not apply in the same way.
Unless your employment agreement specifically provides for redundancy compensation, there is no statutory entitlement to a redundancy payment in New Zealand.
In collective redundancies, if the selection process was transparent and applied fairly, challenging your individual selection may be difficult.
Many redundancies that appear legitimate on the surface have significant procedural flaws. Contact us for a free review before deciding not to pursue a claim.
If something doesn't feel right about how your redundancy was handled, trust your instincts and talk to us. The initial consultation is free.