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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22412
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been notified of my current position being

Customer Question

Hi there
I have been notified of my current position being disestablished- on Friday, and the potential to apply for a new role. (Both manager roles- small NGO). The main change as far as I can see is that where I now currently have flexibility in my contract to work from home, the new proposed role has been stipulated to be mandatory working in an office. The second thing is a removal from of a car as part of a package . No job sizing has occurred for the new role. I would have thought any change in my employment conditions was needed to be negotiated with me, and cannot be made for the role (given the very close nature of the role I am currently doing, and the proposed new role)...any suggestions? many thanks
Submitted: 1 month ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 month ago.

It may be that they are restructuring but in reality just trying to reduce your extra items in your employment. A redundancy must be from genuine reasons and not an excuse to take away from your present terms of employment. So you need to ask some hard questions about whether this is genuine and if your new proposed role is substantially the same then they cannot impose this on you.

Customer: replied 1 month ago.
ok there is an irony here in that I helped them win a government tender that means we have in fact increased rather than decreased turnover...and this task- writing/contributing to a government tender, is not in my position description as such. The proposed restructure was stated as follows - the establishment of the new proposed role...
It is evident from conversations with SIDU, and important given the short term nature of the 2017 contract (i.e. only one year), that a focus on achieving all outcomes to a high quality, along with building partnerships and alignments across the sector in regard to these initiatives is going to be essential to ensure that Sport Wellington can be successful in retaining this contract for a second and subsequent years.
This role will be focused on the delivery of contracted outcomes and may also be expected to contribute to patient delivery as we increase our priority on face to face delivery. We feel it is important that the Healthy Lifestyles Manager be present with the team for the establishment of the new positions and the overall team, so will be based full time in either our Wellington or Seaview office.so, from my point of view, I have been fulfilling a very similar role for a number of years, exactly the same external contract -(but now it has just expanded and grown markedly, the KPIS all met for that external contract etc- so no performance issues brought to me, (albeit with direct reports and indirect reports- the new proposal is more team leads reporting to me, with more staff under them).
Sadly for them ,they also have organisational precedence, where a manager was recruited for a newly amalgamated similar team...she was and still is able to work under a flexible work from home one day a week structure also(as is at least one other manager).
Frankly I think it is an attempt to get rid of me, as I value the one day work from home very much as otherwise i have a large commute, and they are very aware of this
Expert:  Chris The Lawyer replied 1 month ago.

You need to set up a meeting to discuss this, and ask the direct questions, such as, this is the same job but with the benefits reduced. Tell them you can do the job better with the existing terms, and that you are concerned this is not a genuine redundancy. And if this employer treats you like this, you may want to look elsewhere as this employer does not value you.

Customer: replied 1 month ago.
ok thanks. to be fair they are not calling it a redundancy. But a 'proposed disestablishment' with a proposed redeployment to the new role-with the new role being fixed in an office with no car...seems to me it is semantics on their part?When should I bring this up- with the external HR company now that they have got in to do this work- in this period of feedback? or with my CE directly? I am bit worried about being cold-shouldered big time. thanks heaps
Expert:  Chris The Lawyer replied 1 month ago.

I think raise this with both the CE and the HR company. If they want to remove the benefits they should be open about this rather than calling this a restructure, and they should pay compensation if you agree to the changes, as this is a reduction in your salary package

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