Personal Grievances Arising from Redundancy: Life after Hale and the Employment Contracts Act 1991

Abstract

Can an employer reorganise the workplace and make employees redundant without any obligations other than those specifically agreed upon? Redundancy has received only limited statutory attention in New Zealand and legal rights and expectations have not always been clear. The ju4gments of the Labour Court and the Court of Appeal in regard to the Hale case highlighted the conflicting considerations operative in the area and provided a useful guide to the current position. This article examines the role of the concept in personal grievances and offers comments on the significance of the Hale case and its implications for the future, taking account of the new Employment Contracts Act 1991 regime.