Anyone know about redundancy

maclad, Sep 23, 2:40am
I have worked for company for 19 years and found out today that my teams jobs may be contracted out and we could all lose our jobs. Anyone know what sort of percentage a redundancy payout would be. It's concerning me as I will have to work till 70 anyway as I need to pay off my mortgage. My little bit of retirement paradise which I want to keep, do not want to lose it.

korban, Sep 23, 2:51am
What does your employment contract say about redundancy?

hightidegarden, Sep 23, 2:52am
It'll be in your individual/collective contract. Using redundancy to move people on, or for "business convenience", is a big no-no legally and the lines are very clear. So I recommend contacting CAB (who can advise who to talk to near you), or since it's a serious matter, an employment lawyer near you.

maclad, Sep 23, 3:03am
OK guess I need to go find my contract

mark_g, Sep 23, 3:27am
Even if redundancy is not mentioned in your contract or any employment policies referred to in your contract, or even if you have no contract, there are still employment laws that clarify when redundancy is/isn't legal and cover minimum compensation.

But yes, best advice if you are really concerned is to find an employment lawyer. There ARE employment lawyers out there - I have used one - that will offer a certain amount of free advice to look briefly at your situation and advise you if it's worth pursuing any legal course. Then if you do have grounds for legal action, and you do decide to follow it up, then the lawyer charges a fee based on any compensation gained as a result of their work.

It won't be cheap, but if the lawyers work gains you a pay-out you would not otherwise have got, then in my view they deserve a decent percentage of it.

If there are several of you in the same boat, you can all approach the same lawyer collectively - although your contract arrangement with the lawyer will likely still be on an individual basis and you may all have to state your situation and concerns and present any relevant evidence to the lawyer in writing individually.

It may be that if the employer is approached by a lawyer operating on behalf of any or many of their employees it may cause them to take a step back and consider their position carefully. At least to make sure you are given what is owed if the "restructure" turns out to be legal. Which it might.

You know an employer really does have the right to choose how they run their business. They can not use "restructures" to replace a staff position with new cheaper labour doing the same job (this happens). But they can opt to contract out their work or labour requirement. If this is the case you can still use a minimum of legal advice for free or not much cost to tell you if you are being treated fairly under the law or not.

You can google NZ employment law, and navigate the NZ Government employment law web pages. They are very good and do tell you of the rights of the employee and the employer under NZ law. It is actually pretty good information.

Some places have employment law specialists that show up at venues on certain nights and dish out free employment advice. But I couldn't find any of these when I wanted help.

If any doubt about your position: Best advice = Get some real advice, from an employment specialist.

maclad, Sep 23, 3:38am
My contract states, for first year of employment 4 weeks wages, and for every other year 2 weeks wages. On my reckoning that is about 6 months pay. Not a lot for a very loyal and hard working employee. I work for a large well known company

zak410, Sep 23, 3:46am
Could you and your team keep your job but as contractors ?

maclad, Sep 23, 4:10am
Early days yet and only a possibility at this time but who knows. They pay shocking wages and would go with cheaper option, but I love my job and where I work and need to stay there another 7 years, if I m lucky. I am TOO OLD to get another employment and who employs old people who have all the experience and knowledge and integrity. Not many. LOL. I just really want to pay off and keep my dream home before I retire. At the moment a lot of my money goes into maintenance on the property so it is up to standard for when I retire.

spiritofgonzo, Sep 23, 4:44am
6 months pay not a lot? I'd suggest that's probably about as good as it gets!

spiritofgonzo, Sep 23, 4:50am
not sure it's clear what your saying. Option 1 = 4weeks pay in the first year, then 2 weeks for every additional year (eg 6 weeks pay after 2 years, 8 weeks after 3 years) this equates to 40weeks pay. Option 2 = 4weeks in the first year, then 2 weeks every 'other' year, or every 2 years. (Eg 4 weeks in the first year, 4 weeks in the second year, 6 weeks in the third year). This equates to 22 weeks payout. From my maths

korban, Sep 23, 6:08am
Better than a lot of people, some people get zero

ryanm2, Sep 23, 6:57am
most get zero these days.

clangie, Sep 23, 4:17pm
the building firm i worked for for 14 years made us redundant as they closed up for good, was nothing about redundancy in the contract but they paid us out 1 week per year of service, 14 weeks for me plus 8 weeks outstanding leave, nice wee pay of 22 weeks but the only real winner was the taxman, some people got weeks, a few got 40 weeks, everyone was happy cos it was better than nothing as in the contract

wingwalker, Mar 21, 3:44am
I was made redundant after 18 years, and got one day's pay. It all depends on your contact. Good luck.