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maoriboy

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#295632 11-Apr-2022 12:08
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So about this time last month I was made redundant. The reasons behind this was they company was wanting to reduce the number of staff to streamline processes and save money. In total the team went from 7 to 5 positions. To determine who stayed on, all positions were de-established and affected staff were advised to 'express an interest' in the position. From there a committee would use a skills matrix to determine the best fit for the available positions. Anyway, long story short, I wasn't selected and that was that. Got paid out and see you later. 

 

On Friday I noticed they were advertising for the exact same position (slightly different title but exact same roles and responsibilities). I heard from a former co-worker that 2 of the staff that had been selected have handed in their notices. I was wondering about this as I'm sure I read something about the business having to wait 3 months after a restructuring before advertising for staff for those roles that were dis-established. If anyone knows if this is correct or not, and can point me in the right direction regarding looking into this more, that would be greatly appreciated. Sorry in advance if things aren't very clear. I'm having trouble getting my head around it.






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Dynamic
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  #2899805 11-Apr-2022 12:22
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Taking what you say at face value, it sounds like the employer may be manipulating the redundancy process.  Perhaps start here Redundancy » Employment New Zealand and perhaps give them a call for some advice Contact us » Employment New Zealand 

 

Consider whether you would like to keep working in this role when having conversations.  Make notes.  Keep a level head.





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jonathan18
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  #2899806 11-Apr-2022 12:23
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Can't help you with your specific question, but do just want to say I'm really sorry to hear about the redundancy - a shit thing to happen at a shit time; good luck working through this and/or finding a new job. (Reminds me, it must nearly be at a point with Covid we PN GZers can catch up for a drink or two?)


evnafets
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  #2899808 11-Apr-2022 12:31
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Google pointed me at https://www.chapmaner.co.nz/2020/11/03/recruiting-after-restructuring/ and https://www.chapmaner.co.nz/2022/03/24/replacing-staff-after-a-redundancy/ for some recent on-topic discussion. 

 

It would appear you are correct about businesses and re-advertising of roles after a restructure.  Businesses that re-advertise for roles that were 'made redundant' open themselves up to personal grievance claims for unjustified dismissal. 

 

 

 

However, in this case, on the face of it I would argue that it is not YOUR role that is being advertised, but the role of the people who have since handed in their notice. 

 

They aren't recruiting to bring the team up to 7 positions - but to maintain it at the level of 5 positions they ended up at after restructuring. 

 

So on the face of it, I do not think you would have a case for personal grievance. 

 

Nothing stops you from applying for this role if you want to.  

 

Similarly nothing forces them to accept you if you do apply.  

 

(Obvious disclaimer - IANAL and this should not be considered 'advice')




Nate001
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  #2899809 11-Apr-2022 12:34
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Sorry to hear that. Its a stressful situation.

 

IANAL but consider this:

 

1) If they are willing to do a restructure once, they will do another in the future. Would you be willing to go through that again at that company? I've seen it happen before. 

 

2) Sounds like they are now advertising for the role because the successful candidates left vs rehiring for the people they made redundant. I would only see an issue if they expand beyond the 5 positions they intended to have within the period. 

 

3) Are you willing to go through the processes to fight it?


gzt

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  #2899811 11-Apr-2022 12:42
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An employment lawyer will be anywhere around $100-$200 for professional advice. Imo it's worth it to get certainty over any doubt.

Other than that if you want to apply and you know the two people leaving have a chat with them. It might not be a good situation to go back to. On the other hand the employer might have learnt something and might be more sensible on the second go.

Probably you have a new job already though?

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