I'm about to made redundant from my job and wanted some advice as I don't think the company has put in good faith around

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Customer: Hi, I'm about to made redundant from my job and wanted some advice as I don't think the company has put in good faith around how to restructure me within the business and I also found out they received the wage subsidy, I wasn't notified and still took a salary decrease
JA: Are you hourly or salaried? How many hours do you work each week?
Customer: Salary. 40 houra
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: aucklan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Chris The Lawyer in 1 hour 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
Thanks Chris
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Chris The Lawyer, Expert

Those are issues you could raise as a personal grievance once you have finished work. Your employer must have a genuine reason for making you redundant and also must comply with proper procedure and consultation. They cannot just change the job to a minor extent and give it to someone else. In addition to the wage subsidy issue, you can make a claim that you have been disadvantaged by accepting the salary decrease despite them getting the wage subsidy and make a claim in the personal grievance for this as well

Customer
Thanks Chris. With regards ***** ***** redundancy, how do they prove that they’ll have no further use? I was hired to do a different role under our agreement and switched to a different product when Covid hit. The product didn’t work out but instead of now getting me to do what I was originally hired for, they decided to make me redundant
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Chris The Lawyer, Expert

It will come down to whether there was still a role available, whether they consulted properly with you about the change and whether they should have offered you an appropriate role rather than make you redundant. The redundancy must be genuine and they must show that there is not enough work for you or the profits are suffering

Customer
How would they be able to prove that there is no longer a role?
Customer
if profits are suffering, do they have to prove why they chose me to make redundant?
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Chris The Lawyer, Expert

Those issues are not necessarily easy to prove, although the accounting side is something that they can show with their annual accounts or turnover. Essentially they have to show that making you redundant was fair, having regard to the needs of the company and all the circumstances.

Customer
Thanks Chris. If I was to raise a dispute, what would be the steps to do so?
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Chris The Lawyer, Expert

You first write to the to raise the issues of concern and ask for what you want, possibly reinstatement or compensation
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Chris The Lawyer, Expert

Then if they don’t respond you can contact MBIE and start a mediation
Customer
Roughly, how much much compensation is useful for these disputes?
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Chris The Lawyer, Expert

Lost income and general damages up to $5000
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