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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22809
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Chris We are going through the process of restructuring a

Customer Question

Hi Chris We are going through the process of restructuring a part of our business and 4 out of 8 people in a particular role will be made redundant. If one of the people successful in attaining a role should leave after a short period of time, are we obliged
to offer one of those who we made redundant the role? I don't believe we are obliged to, and can find nothing to say otherwise, but the question has come up a couple of times from senior managers so I thought I better check with an expert. Cheers Viv
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
There is no part of the Employment Relations Act which requires this, and no precedents from the courts either. The real test is whether what has happened is in good faith, which is required under the Act. So provided you make it clear that any future vacancies are not promised to former staff, but that if you need to employ again, it will be on merit you are safe.
Customer: replied 2 years ago.
Expert:  Chris The Lawyer replied 2 years ago.
Glad to help

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