The Employment Relations Authority has upheld a personal grievance claim for an unjustified disadvantage in relation to a redundancy.  The employer had notified the employee that they were closing the store where she worked and that she would be likely be made redundant.  It then went on sometime later to confirm the closing of the store and her redundancy.  It made no effort to consult with her over the redundancy or any options for redeployment in any of the other stores that it owned.

The ERA said that even though the options for alternative employment were limited and unlikely the employer still had the obligation to consult with the employee over redundancy and failed to do so.  She was awarded $750 compensation for the disadvantage she suffered, but no lost wages.

No wages were awarded because while she was working out her notice of redundancy the employee was dismissed for serious misconduct for falsifying wage and time records and failing to follow instructions.

The ERA considered whether her behaviour meant that her remedies should be reduced but concluded that she did not contribute to the failure to consult with her over the redundancy and that the dismissal for serious misconduct was totally unrelated.

Alan Knowsley
Employment Lawyer