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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14208
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partner went to a normal weekly meeting and was told by s

Customer Question

Hi, my partner went to a normal weekly meeting and was told by his manager that he wanted his permanent part-time position to become full-time and if he could not go to full-time, then there were no other part-time options and he would be laid off. Two days later the manager advised he was only scenario planning and that the conversation had gone too far.
Can my partner take it that the first meeting was actually verbal notice of redundancy (albeit a bad one)? or was it just a very bad request for feedback on a scenario with one option...
Thanks
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

I suspect his manager later talked to someone with experience in employment law and realised that he had started this off incorrectly in terms of procedure. You cannot make someone redundant where there is still work available, and the offer of full-time work indicates that this is the position. I don't think it is a bad request for feedback, but I would not call it verbal notice of redundancy either. Either way he may want to look at working somewhere else if that is an option because of the poor handling of this matter.

Customer: replied 1 year ago.
Thank you Chris, can I please just clarify the position re redundancy - the full-time role has slightly different scope than currently and they now require someone who is there continuously... is redundancy a possibility in this case? He obviously would now be open to leaving this way...He is currently on leave to get over the situation, do you have any suggestions for returning to work with dignity...
Expert:  Chris The Lawyer replied 1 year ago.

Redundancy could be an option if he has a redundancy clause in his contract providing for payment, although those are not common anymore. But if he is unable to work more than part-time, and they wanted to expand the role as you describe, then his role may well be redundant. If he wants to become redundant he should perhaps return to work and open a discussion about this stop

Customer: replied 1 year ago.
Thank you Chris, I will track down his Employment Contract and see exactly what is in it.
Do you have any advice about resigning with some kind of payment for 'insensitivity'.
I did request a phone call but not sure if that worked?? my number is (04)(###) ###-####
Expert:  Chris The Lawyer replied 1 year ago.

It is often possible to negotiate an exit package. This can often come with 2 to 3 months of salary plus of course any outstanding holiday pay. But unless there is a specific reference to redundancy payments, there is normally no right to claim anything extra. But you can sometimes negotiate a payment for the distress caused by the poor handling, although it is not usually a large amount, perhaps $500 or $1000. I have posted my phone if you need to call

Expert:  Chris The Lawyer replied 1 year ago.

Thanks

Expert:  Chris The Lawyer replied 1 year ago.

Glad to help

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