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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22148
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My role has been disestablished today. There are new roles

Customer Question

My role has been disestablished today. There are new roles that I can apply for over the next few weeks. My employer says I have to come to work during this period of about 4 weeks. I am wondering if this is the case? My thinking is that as my role has been disestablished as of today that I do not need to come to work until such time as I either get one of the new roles, or am made redundant. I'd appreciate your advice
JA: Can you tell me what state this is in? And has this been documented in any way?
Customer: The state is confirmed and it is documented in a letter - the words are "the role of xxx will be disestablished effective from 19 August 2016. You will commence a six week redeployment period, effective 19 August 2016 ..."
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Um?
JA: What confuses you?
Customer: I don't know what else a lawyer would need to know
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.

I am reading this now

Expert:  Chris The Lawyer replied 2 months ago.

You are still employed and being paid by your employer, even though the role has been disestablished. People often take stress leave under this situation but that is different from just not turning up to work. If you do not turn up to work, even though your role has been disestablished, that would be regarded as abandoning your job, and then entitle your employer to dismiss you

Customer: replied 2 months ago.
Thanx for your advice - much appreciated
Expert:  Chris The Lawyer replied 2 months ago.

You could ask for the stress leave or even special leave if you have nothing to do, but if you are applying for other roles it may be useful to be there

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