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APA
Subject:
Law
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Language:
English (U.S.)
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Topic:

Redundancy and Employment Termination

Essay Instructions:

C. Scenario
Valhalla Resort Hotel Ltd operates a Managed Isolation and Quarantine (MIQ) hotel in Auckland (these kinds of facilities are where travellers to NZ must stay for a minimum of 14 days when entering the country). It employs 50 staff in the hotel itself and another 5 staff who work at a separate location in the Auckland CBD, this is the marketing office. The general manager of the hotel is Bjorn. The HR director is Valeria.
Chester and Sally joined the hotel staff as front desk staff at about the same time, in June 2020. They have both been diligent workers but unfortunately Chester has been involved in a large number of arguments with other staff in the hotel. Although he is always polite and helpful with guests of the hotel, Chester has had several long term disagreements with other staff that he works with, including with Sally. No warnings have been given to Chester, but Bjorn has become increasingly frustrated with what he sees as petty behaviour by Chester.
Early in 2021, the NZ Government passes the COVID-19 Public Health Response (Vaccinations) Order 2021, which requires staff who work at MIQ hotels to be vaccinated. Only two of the 50 staff who work at the hotel refuse to be vaccinated, they are Chester and Sally. The 5 staff in the marketing office do not need to be vaccinated to work there because they have no physical contact with the hotel staff or guests.
When hearing of the Government order, Bjorn sends an email to Valeria which states: “Great, this is our chance to get rid of Chester, he is such a pain. But please redeploy Sally, she is fantastic. We can give her a job in the marketing office so she doesn’t need to be vaccinated. Don’t tell Chester we are doing this for her, I don’t want any problems. Don’t consult with Chester, just let him go. I don’t want him to change his mind and get the vaccine. Otherwise this could drag on for months while he decides.”
Valeria approaches you, because you have recently been hired to work in the HR team at the hotel. She asks you to prepare a memo to Bjorn, setting out how the redundancy process should be undertaken. She wants to know how the process should be done correctly and also whether Chester would be able to bring a personal grievance if the process was done as Bjorn had suggested in his email.
Required:
1. By referencing relevant legislation and case law, write a memo to Bjorn to explain the
correct way to carry out the redundancy process that Valeria has suggested. [13 marks]
2. If the redundancy process were to go ahead as Bjorn has suggested, on what grounds would Chester be able to bring a personal grievance claim? You should refer to relevant
legislation and case law. [4 marks]
3. The clarity of expression of your memo will be part of the assessment: [3 marks].

Essay Sample Content Preview:

Redundancy and Employment Termination
Student’s Name:
Institutional Affiliation:
Course Name/Number:
Instructor’s Name:
Due Date:
MEMO
To: Bjorn, General Manager
From:[YOUR NAME], HR Assistant
Date: September 9, 2021
Subject: Dismissal Plan Advice
Employment Dismissal under New Zealand Employment Laws
Employment dismissal is part of the employment industry and it is often guided by various policies and laws that protect both the employer and the employee. In New Zealand, ‘Redundancy and New Zealand Employment Laws’ are used for guidance by employers in implementing employment dismissal. It is to be noted that all employment dismissals should be fair and just; therefore, the grounds for dismissal should be legitimate. Employees are allowed to seek justice if they feel that their dismissal was unfair and the grounds were unjustified.
I am writing to offer legal advice on the dismissal plan for terminating Mr. Chester’s employment in our company. According to section 103, redundancy occurs when employers intend to reduce their workforce because certain positions in their organizations are no longer needed. New Zealand employment laws permit employers to reorganize the operations of their organizations based on the prevailing situations. Minor alterations of the operations do not guarantee that a certain position held by the employee will become redundant. As the general manager of this organization, you should consider all dimensions of Mr. Chester’s job description to determine whether or not his position has become redundant. His termination would be unjustifiable if Mr. Chester loses his position then it is occupied by a new employee and someone that had already been hired by Valhalla Resort Hotel Ltd. An employee’s position cannot be rendered redundant because of their job performance, workplace behavior, sickness, or pregnancy. I believe that dismissing Mr. Chester based on his conduct in the organization will not amount to employment dismissal.
Steps in Employment Dismissal Plan
The decision on whether or not to make job positions redundant is the right of the employer. However, the employers should go through a genuine and legal restructuring process to make a position redundant according to s 103A. The human resource department should act fairly to the employees of Valhalla Resort Hotel Ltd by being communicative and responsive, avoiding the dissemination of misleading information, and remaining active and constructive to establish and maintain meaningful relationships. Our organization must also ensure that the restructuring process that causes employment dismissal has genuine business interests. The first step to restructure the organization is to write a proposal that clearly explains why the organization is restructuring and what the new structure would be like (Rudman, 2013). The proposal should also include the impact of restructuring on the current structure and the positions that would become redundant thus leading to employment dismissal.
The next phase involves holding a meeting with the relevant stakeholders especially the employees whose roles are most likely to be affected by the reorganization process. During the meeting, the emp...
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