Te Awamutu Courier

Redundanci­es on the increase

Stability in the job market is wavering

- Fiona Jack Edmonds Judd Associate

Employment stability concerns are rising due to the current financial climate, leading to an increase in redundanci­es. Redundancy happens when a business discontinu­es a role. The terminatio­n of someone’s employment requires a legitimate business reason from the employer, and the redundancy process cannot be misused. They usually occur because the business is closing down or restructur­ing. It cannot be used to terminate for poor performanc­e.

The decision to initiate redundanci­es rests with the employer, who must act fairly and reasonably. There are important steps that the employer must follow. These steps consist of providing employees with ample notice of a potential redundancy and engaging in a consultati­on process. The employer must start the process without any preconceiv­ed outcome. Employees should be given all relevant informatio­n regarding the proposal. They are allowed to review that informatio­n and have their input considered by the employer in the decision-making process. Getting the process wrong can be very costly for the employer.

If a concern is raised about the redundancy, the Employment Relations Authority may investigat­e the redundancy and its process. Some of the areas they consider are whether the employer had a genuine reason to instigate the process, whether the employer acted in a way that a fair and reasonable employer should act, whether the consultati­on process was correctly carried out and whether the employer offered counsellin­g, career or financial advice to assist the employee dealing with the redundancy possibilit­y and its outcome.

The possibilit­y of redundancy is stressful for everybody. If an employer is considerin­g making redundanci­es within their business, they are undoubtedl­y going through difficult times, and the majority are well aware of the effect their choice will have on their employees. Employees find it upsetting as the process is extremely disruptive and it cannot be overstated how difficult life becomes for those who are laid off.

Businesses are being impacted by the cost-of-living crisis, and more layoffs are inevitable. We suggest that anyone who will be impacted by redundancy seek assistance. Your solicitor will be able to provide this assistance to you; for businesses to ensure that your procedures are correct and for employees to ensure that you are being treated fairly.

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