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Answered in 15 minutes by:
10/27/2010
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer :
There is unfortunately no requirement to pay redundancy unless it is expressly stated in your contract. It is accepted that you should get paid out wages and holiday pay but there is no statutory of case law which says you should get any other payment. It is up to the employer. They must give you ample notice and properly consult with you as to alternatives to redundancy, and listen to your suggestions. So apart from this, the news is not good. If they havent consulted adequately you could claim for a personal grievance, but you would not get much from this.
JACUSTOMER-0xoyq5c1- :
Hi Chris, my contract states that if my duties, authority or status materially change on a permanent basis, or the skill requirements for my position change, for reasons not attributable to and justified by my failure to perform my duties in a manner satisfactory to them, then I may be made redundent, and reduncey payment is based on 4 weeks pay, plus 1 week for each year.
christhelawyer :
That helps-if this is a voluntary redundancy then you should get 11 weeks pay on this clause being applied. If you change from being an estimator to a project manager then your duties have changed materially, and this should apply.
JACUSTOMER-0xoyq5c1- :
So what would be my next step?
christhelawyer :
You would need to approach management and explain that this clause is what gives you the right to apply, and if they still refuse you can make a claim in the Employment relations Authority. http://www.ers.dol.govt.nz/redundancy/index.html is a site which is helpful. You may want to consult with an employment lawyer.
JACUSTOMER-0xoyq5c1- :
Thanks, XXXXX XXXXX recommend anyone in CHCH?
christhelawyer :
Level 5, KSL House
Christchurch Office
Barbara Buckett & Associates
Level 5, KSL House
79 Cambridge Terrace
PO Box 4639
Christchurch 8140
Phone: 64 3(NNN) NNN-NNNNbr>Fax: 64 3(NNN) NNN-NNNNbr>Email: [email protected]
christhelawyer :
They are pretty switched on.
JACUSTOMER-0xoyq5c1- :
I quickly checked the link you gave me, but it didn't mention voluntary redundancy, I can request even if they are not offering can't I?
christhelawyer :
Yes you can, but I guess they are saying they have other work which you can do. The alternative would be for you to go to the office and do nothing until work picks up, which would be pretty unattractive for both parties. Whether you are volunteering redundancy or not, the clause seems to be be clear. It may need intervention by a lawyer to persuade them.
JACUSTOMER-0xoyq5c1- :
Also, do I have to remain working here during the legal process, or can I leave (i.e move up North, away from these dam earthquakes)
christhelawyer :
I think it would be safer to stay at least until the issue is clearer-that is, a definite no or yes. You may have to come back for a hearing however, if you need to go to the ERS.
JACUSTOMER-0xoyq5c1- :
That fine, I don't mind comming back if I have too. I gave them notice of my intent for redundancy on the 1/10/10 and my contract states a months notice for redundancy, so as long as I have coverd that (I'm planning on leaving wk about the 22/11 and leaving CHCH about the 2nd/12) I should be alright?
christhelawyer :
Apart from the dispute over the redundancy you have given ample notice. They could argue that this clause works one way-that it is up to them to decide. Its not as clear as it could be.
JACUSTOMER-0xoyq5c1- :
Thanks, XXXXX XXXXX Barbara Buckett & Associates and take it from there.
JACUSTOMER-0xoyq5c1- :
Thanks for your help. T
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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