New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
Hi, The Company I work...
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: 2 years ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 18 minutes by:
2/25/2016
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,845
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

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.

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
Thank you Chris you have confirmed my thoughts, regards Paul
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

Glad to help

Ask Your Own New Zealand Law Question
Customer reply replied 2 years 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.?
Thanks
Paul
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
the first years 6 weeks does not count at all? hardly fair on someone redundant after say 2-3 years
Customer reply replied 2 years ago
Is this correct Chris that the first six weeks redundancy for 0-12 months is not included in the total package?
Solicitor: Chris The Lawyer, Lawyer replied 2 years 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

Ask Your Own New Zealand Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,845
23,845 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,845 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

76 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

< Previous | Next >

Related New Zealand Law Questions
My husband has been employed in a role for nearly 5 months.
My husband has been employed in a role for nearly 5 months. He never received his job description with his contract or whilst working he consistently asked for it. Never received. After the Crhristmas… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
What process should an employer follow when disestablishing
What process should an employer follow when disestablishing a role? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Going through a proposed change to my job, do I need to work
Hi Pearl, Going through a proposed change to my job, do I need to work the 4 week notice. Employment agreement - A 4 week notice period which may or may not bee worked and if not paid in lieu. Thank y… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
I'm pretty sure I'm being set up to be made redundant. First
Hi I'm pretty sure I'm being set up to be made redundant. First time I have ever been in this position at age 48. Previously I have always been ranked in the top 5-10% of any company I have worked for… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Answers from Two Experts requested: Hi Situation. Defamation issue. I am an independen
Hi Situation. Defamation issue. I am an independent project manager running a large project for a significant NZ Company. I have the complete and overall responsibility for this project. The project t… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Hi I am currently on mutually agreed maternity leave and due
Hi I am currently on mutually agreed maternity leave and due back at work on 15th January 2013. Last week during a meeting, i was told that the company is being restructured and that my position of "S… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
I have been employed at my current company for 9 years. In
I have been employed at my current company for 9 years. In January 2008 I signed a new contract as a Sales Consultant with the new owner of the company. I had this specifically altered to state that m… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Currently(3 years) I am a Team Leader(female) in a Large Hardware
Currently(3 years) I am a Team Leader(female) in a Large Hardware store. I have had good performance reviews, and the Department has performed well in difficult trading times. One member of my team,(m… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
My current role as a middle manager is being what I deem as
My current role as a middle manager is being what I deem as restructured, however my company doesn't see it that way. The impact to my role is that I lose my 2 direct reports and drop down to the same… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
The position I have filled at work for the past 12 months has
The position I have filled at work for the past 12 months has been disestablished in a restructure 'proposal'. The same position has been re-established as a Managerial role. In my immediate past job … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
I work for a small branch of a large govt department in nz.
I work for a small branch of a large govt department in nz. They are restructuring the management function and my role has been disestablished. I was the team leader of a regional office in a large ci… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
On Thursday of this week, with no warning I was called into
On Thursday of this week, with no warning I was called into what I thought was an ordinary meeting with my CEO (I am the Assistant to the CE and Board), he had an HR advisor sitting there so I knew so… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Hi, I am wondering if you can advise me of my rights in the
Hi, I am wondering if you can advise me of my rights in the following situation. My employer of almost 11 months is dis-establishing my role of Business Manager (Re structuring) and offering me the op… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
We are facing redundancy after 9 & 16+ years. We both have
We are facing redundancy after 9 & 16+ years. We both have spent 4 years in China. The company claims to be in serious finacial trouble and is trying to restructure its self. There are 2 of us curentl… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Good morning, My partner was made redundant on Friday last
Good morning, My partner was made redundant on Friday last week from his position as manager of a Fire Alarms Section of an electrical Co where he has worked for the last 20 months. The following poin… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
This is an initial enquiry online. My wife holds a national
This is an initial enquiry online. My wife holds a national management position in NZ with one of the largest computer companies in the world. She needs advice now as she has been told without any con… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Hi I recently returned to NZ after a previous employer offered
Hi I recently returned to NZ after a previous employer offered me the position of regional manager as they had won a government contract in a new area. Salary for this position was £75k per year, also… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers
Hi there, Recently I was told that the company was restructuring
Hi there, Recently I was told that the company was restructuring my department due to commercial reasons. Of the 4 people in my department, myself included, only two of us were given a letter of 'pote… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x