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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14690
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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After restructuring following DOL guidelines (mostly) can an

Customer Question

After restructuring following DOL guidelines (mostly) can an employer through redeployment options offer a position [that is a demotion in the company structure] that pays 14% less. This is when the restructure document stated offered a suitable comparable role on substantially similar terms and conditions, given the person's current role and/or skills and abilities. Furthermore the role offered at a lower salary would not attract any redundancy gratuity [26 weeks in the disestablished role]. Surely they must pay the gratuity in full as their restructure has triggered the redundancy clause. Then it could offer the lesser role on a new IEA with just a 4 weeks period of notice clause.Your help on this matter would be greatly appreciated
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

There offer does appear to trigger the redundancy clause, and they cannot demote you without your consent. So they have to offer redundancy, and I agree with the view from Community Law that you should ask for that and leave the company, as they clearly do not value you as an employee.

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