A recent Employment Relations Authority decision has dismissed an employee’s unjustified dismissal and unjustified disadvantage claims.

These claims resulted from him not being made redundant when his other team members were offered redundancy following the factory closing after the Christchurch earthquakes.

The employer wanted to retain the employee’s skills so found him alternative work.  The ERA held that he had no right to be made redundant as the employer had work for him and he was not dismissed or disadvantaged.  The employer was held to have treated him in good faith and in accordance with their policies.

The employee is now left facing a legal bill for his unsuccessful challenge plus the employer’s legal costs.