the Employee says i cannot fill this position for 2 years after making them redundant, is this the case?
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There is no set time in the Employment Relations Act before you can fill the position. But if this was within say 2 months, then you could be accused of not having a genuine redundancy. 2 years is certainly within you rights, as you get get new business in which you were not expecting and need more staff. Each case depends on the facts, but after a year would probably be OK if you can show that you did not expect the new business, which needed the new staff.
LLB MMgt FAMINZ 32 years qualified as lawyer
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