How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23051
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

The Company I work out a letter on 3/2/16 stating that the

Customer Question

Hi, The Company I work for sent out a letter on 3/2/16 stating that the role I am working in was to be disestablished and that I had to attend a meeting on 9/2/16 to discuss this proposal and set out the consultation process. Unfortunately I was on leave and out of the country at that time so naturally missed the meeting. Since my return to work on the 22/2/16 there has been no communication to me from the company, all the information I have has come from other affected staff and the Companies retail customers. I realise that at this stage it is really just me griping at the discourteous and offhand attitude of the Company. However over the last two days it has been pointed out to me that there has been a letter sent to the retailers advising them of upcoming changes to their ordering and delivery modules. and that after certain dates the deliveries would be undertaken by Courier Post. This I find extremely offensive as the letter was sent to customers prior to the dates we have been given for the consultation process. The whole situation is a little tricky as I am officially employed by DHL to deliver cigarettes and tobacco to the retail trades on behalf of BATNZ and there does not seem to be any clear lines as to who is responsible for what. The initial letter regarding the proposed disestablishment of the role was sent out by DHL and the letter to retail was sent out by BAT. All I wish to know at the end of this novel is, is there any comeback on behalf of the staff affected on what I deem to be a breach of good faith at the very least. I look forward to your reply. Yours Paul Hunter
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This may be poor procedure because the decision was clearly made before they consulted with staff, and clearly any consultation would therefore be a waste of time, if the result was already determined. So if they now try to tell you your job is redundant, then you will need to claim a personal grievance based on the failure to consult, and the procedural failures.

Customer: replied 1 year ago.
Thank you Chris you have confirmed my thoughts, regards Paul
Expert:  Chris The Lawyer replied 1 year ago.

Glad to help

Customer: replied 1 year ago.
Hi Chris,In my employment contract in the section on redundancy there is the following clause which statesWhere your position with the Company becomes redundant, you shall be paid redundancy compensation as follows:
For 0-12 months service, 6 weeks salary;
For 1 to 15 years service, 2 weeks salary per annum ( calculated on a pro rata basis to the nearest 6 months).I have been with the company for 8.5 years what does this mean to me?
Is it based on current salary or an average and what does pro rata mean.?
Expert:  Chris The Lawyer replied 1 year ago.

That clause means, in my view, that you get 17 weeks salary. The pro rata term means that this is the way they divide the year and six month periods so you get the one week for six months for the half year on top of the 8 years

Customer: replied 1 year ago.
the first years 6 weeks does not count at all? hardly fair on someone redundant after say 2-3 years
Customer: replied 1 year ago.
Is this correct Chris that the first six weeks redundancy for 0-12 months is not included in the total package?
Expert:  Chris The Lawyer replied 1 year ago.

Sorry, I didn't read that carefully enough. It is a bit misleading, but you should get the six weeks for your first year, and then 7.5 years, or 15 weeks on top of that, being a total of 21 weeks