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the Employee says i cannot fill this position for 2 years after

 
christhelawyer's Avatar
  • Answered by:christhelawyer
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Customer Question

the Employee says i cannot fill this position for 2 years after making them redundant, is this the case?

Submitted: 289 days and 17 hours ago.
Category: New Zealand Law
Value: NZ$26
Status: CLOSED

Accepted Answer

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Expert:  christhelawyer replied 289 days and 16 hours ago.


christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

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.

Expert TypeLawyer
Category: New Zealand Law
Pos. Feedback: 98.0 %
Accepts: 7789
Answered: 7/5/2012

Experience: LLB MMgt FAMINZ 32 years qualified as lawyer

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