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My position was made redundant on 19/09/2017. In my

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My position was made...

My position was made redundant on 19/09/2017. In my Employment Agreement my Position is 'Factory Machine Operator / Maintenance'. On the 06/09/2017 I was given a letter by the General Manger along with all employees outlining potential redundancy and that my role as factory production worker was being considered. I was then scheduled to meet with the General Manager on 12/09/2017 to discuss the potential redundancy and also to offer feed back in writing if so wished. At the bottom of the letter there were four points made re selection criteria - Length of Service with Eaglewire Products (2013) Ltd; Performance to Date; Adaptability & Skill set; Attendance. This meeting was then put back to 14/p9/2017 to give 'employees additional time for consultation'. All employees were interviewed and no one knew who was going to lose their job. On 19/09/2017 at approximately 1.00pm I was called into the General Manager's Office and told that I was to be made redundant, effective immediately. I was then asked to gather all my tools together and leave the premises. I was given redundancy pay, even though there is no redundancy agreement in my contract. I was not offered counselling, help with my CV, or help with getting another job. I am 68 years of age and it is not going to be easy for me to find a new job. I was told of my redundancy 48 hours prior to me flying out on a 5 week overseas holiday which had been notified to the management approx 3 months prior to me taking annual leave. I don't believe that the redundancy process has not been followed. Also my role was Factory Machine Operator / Maintenance. But according to the letters received just the Factory Machine Operator role was made redundant. So what happens to the Maintenance role? I had been the sole Maintenance Engineer for the past 10 years. Your help and advice is appreciated.

Lawyer's Assistant: Can you tell me what state this is in? And has this been documented in any way?

I live in Auckland and yes we have the letters from the General Manager and I have my Individual Employment Agreement.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

My position was a full time position and I did not belong to a Union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I know of.

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 2 hours by:
11/30/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,547
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
The first step you need to take is to notify your employer that you want to claim the redundancy is procedurally wrong and unfair. The time to claim a personal grievance is 90 days after dismissal so you should get this in soon. Your grounds are that the consultation was inadequate and the redundancy was not genuine
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Customer reply replied 4 months ago
do you confirm that it was procedurally wrong and that the consultation was inadequate? What about my dual role of machine operator / maintenance.... Am I right in thinking that the Maintenance role was not made redundant so therefore I should have been given the option to continue in that role?
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
I suspect their decision was made before they started to consult. So the rest was window dressing. They didn’t discuss the maintenance role which is suspicious and may indicate predetermination.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
This has to go to mediation first and most cases settle there. It’s not difficult and you can go there with or without a lawyer
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