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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22807
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have had my role disestablished and as part of my salary

Customer Question

I have had my role disestablished and as part of my salary package I have a company car does this form part of my redundancy package
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

That would normally be returned to your employer, although you can ask for the car as part of your package for redundancy. But there is no automatic right to the car.

Customer: replied 1 year ago.
Can you negotiate that this car forms a value to your salary package and that with the redundancy you now have to buy a car one so the agreed value should form part of your redundancy payout
Expert:  Chris The Lawyer replied 1 year ago.

When you are restructured and lose the car, but keep your job, you can negotiate compensation. But redundancy is entirely dependent on what your contract says about the way payments are calculated. So the usual clauses will provide for weeks of compensation based on salary. You certainly can argue that the loss of the car is an issue in compensation, but if the contract is clear on the method of calculation, then you may not. But certainly ask, and they may agree

Customer: replied 1 year ago.
Thanks it's worth a shot don't ask don't get
Expert:  Chris The Lawyer replied 1 year ago.

I agree, your employer will be feeling some guilt about redundancy so use that to your advantage

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