The Employment Relations Authority has held a redundancy decision to be an unjustified dismissal after an employee brought a personal grievance against his brother.

The reason given for the redundancy was that the type of work he was doing was no longer economical and there was no other work for him.  However, the employee learnt that a new employee had been taken on shortly after his dismissal and that the type of work he did was still being undertaken by the company.

In addition to there being no genuine reason for the redundancy there was also no proper process.  The employee was given no opportunity to comment on the proposal before he was made redundant.  $14,000 lost wages and $8,000 compensation were awarded.

Even with family members you need to get the process right.  If you need help please call me on (04) 473 6850.