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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14858
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I work large national transport company. Can the company

Customer Question

I work for a large national transport company. Can the company close another depot / branch , E.g At Stratford , then move its drivers to my depot , E.g Hawera , and then make redundant the more junior drivers at Hawera. I have been at my depot for 19 years , but only in the capacity of a driver for the last 4 years. But the drivers from the other depot have more years 'driving time' .
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
Generally the rule for making redundancies is that the most recently hired are the 1st to go. In your situation, the 19 years of service should be significant. Most employment contracts do not have specific clauses about redundancy however. Yours may, but it is unusual. There should be for all discussions with the workers and they should listen to your views on what should happen. There is meant to be a genuine attempt to consult with the workers to achieve a fair result. Provided they comply with the requirement for consultation with the workers, the employer can then let go any workers they want made redundant. Unfortunately it is really a custom rather than a legal requirement that the jobs for the longest employed workers, are protected over newly employed workers. Generally the union will negotiate on this basis however.
Customer: replied 2 years ago.
Yes that I understand - but reading on the 'Ministry of Business , Innovation and Emplyment ' site ,, they cant make my job redundant , then fill it with another driver. They are attempting to do this but reversed , if you know what I mean.
Expert:  Chris The Lawyer replied 2 years ago.
The redundancy must be genuine, and so they cannot just slot someone in who is lower paid to suit their budget. The job must actually be abolished altogether.
Customer: replied 2 years ago.
I agree . See , there is currently 9 drivers at my branch , they are going to close Stratford and put 8 more drivers into our branch . Total 17 drivers. There is going to be 11 or 12 positions at my branch. Then they intend to make redundant the 6 least experienced drivers. My theory , if Stratford is closing , should they face redundancy / relocation and apply for vacant positions , rather than us lot getting the chop.
Expert:  Chris The Lawyer replied 2 years ago.
I would think the drivers at Stratford should be let off first. It is their location which has been closed, so they should go first. But that will need to be negotiated