Unfair Redundancy: Get Support from NZ Employment Experts

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Are You in the Right Place?

You were made redundant without a genuine business reason

You weren’t properly consulted, or the process felt rushed or unclear

You were selected unfairly due to bias, discrimination, or retaliation

Your “redundancy” feels like a cover for dismissal or performance issues

Your payout or notice didn’t match what you were entitled to

If any of the above apply to you, you could be eligible for an Unfair Redundancy claim.  

On a valid 90‑day trial, you generally can’t claim unjustified dismissal but can claim discrimination/harassment.

What is redundancy?

Redundancy occurs when your role is discontinued for genuine business reasons – such as restructuring or downsizing – not because of your performance or conduct.

But it must be done fairly.

Employers must follow a fair process and act in good faith. This includes:

  • Consult with you properly
  • Give you meaningful opportunity to respond
  • Use transparent and objective selection criteria
  • Consider redeployment or alternatives

When these things don’t happen, the redundancy may be unjustified.

When Does a Redundancy Become Unfair?

How redundancy becomes unfair

A redundancy can be legally challenged if:

  • The reason wasn’t genuine or lacked evidence
  • The process was rushed or predetermined
  • You weren’t given all relevant information
  • The selection criteria were unclear or discriminatory
  • Your role was re-filled or re-advertised soon after
  • You felt pushed out, pressured, or treated differently to others
  • Redundancy was used as a covert disciplinary action

 

If something didn’t feel right, trust your instincts – many of our clients felt the same before discovering legal grounds existed.

How Sacked Kiwi Can Help

We specialise in helping employees challenge unfair redundancy decisions. 

We will: 

Assess your redundancy notice and selection process 

Check if the employer met their legal obligations 

Help you file a personal grievance 

Represent you in MBIE mediation

Escalate to the ERA if needed

Fight for fair compensation, lost wages, and entitlements

Most redundancy cases qualify for our No Win, No Fee service – meaning no cost unless we win the case for you. 

This removes financial stress so you can focus on moving forward. 

We get it - and what you're feeling is completely normal

Losing your job suddenly can impact your income, confidence, stability, and wellbeing. 

Many people come to us scared, confused, or unsure what their rights are. 

We’re here to support you with empathy, clarity, and expert guidance, every step of the way. 

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Testimonials

Unfair employee dismissal happens all too often and it shouldn't be accepted or tolerated.
We invite you to read the experiences of the people we have helped over the years.

Why choose Sacked Kiwi

NZ‑wide employment advocacy, focused on employee rights 

No‑win, no‑fee 

Fast, clear advice and strong representation 

Trusted by employees across New Zealand 

Getting started is easy

Step 1

Contact us for a free case review

Tell us what happened. Upload your redundancy notice and key documents. 

Step 2

We assess your situation 

We quickly identify whether the redundancy was unfair and what remedies you may be entitled to. 

Step 3

Leave the rest to us 

We handle the legal work, communication, and representation. 

You focus on what’s next. 

Step-by-step

Understanding Unfair Redundancy in New Zealand

  • Employers must act in good faith and follow a fair process 
  • Redundancy must be for genuine business reasons 
  • Employees can challenge unfair redundancy via a personal grievance 
  • No genuine business reason 
  • Lack of consultation or feedback opportunity 
  • Selection based on bias or discrimination 
  • Redundancy used as a cover for dismissal 
  • Employment agreement and any variations 
  • Redundancy notice and payout details 
  • Correspondence (emails, letters, meeting invites/minutes) 
  • Timeline of events (dates, what happened, who was present) 
  • Selection criteria or process documents 
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Your Job, Your Rights, Our Fight

Frequently Asked Questions

What is unfair redundancy?

When redundancy lacks genuine business reasons or fair process, or selection is biased. 

Can I get a payout for unfair redundancy?

Yes. Remedies can include compensation, lost wages, and sometimes reinstatement.

How long do I have to file a personal grievance?

90 days from the redundancy decision or when you became aware of it.

What if I was selected unfairly?

You can challenge the selection process and seek remedies through a personal grievance. 

Take action today - time matters

90‑day deadline: Don’t miss your window to raise a personal grievance.  

What happens next: We’ll assess your case, explain options, and act fast on your behalf – often starting with free MBIE mediation. 

Talk to Sacked Kiwi: Call 0800 SACKED KIWI, or request a Free Case Review via the form above