Redundancy as a Reason for Dismissal

Key Points

Redundancy is one of the potentially fair reasons for dismissal in ERA 1996, s.98(2)(c)
The burden is on the employer to show that the employee’s dismissal was attributable to a redundancy situation as defined on in ERA 1996, s.139
If the tribunal accepts this is the reason for dismissal, it will then consider whether the dismissal was within the range of reasonable responses.
In addition to the normal principles, the tribunal will consider whether the employer’s redundancy procedure fell within the range of reasonable responses.

Current:

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