Redundancy New Zealand

Ex-Microsoft employee challenges ERA ruling

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Former Microsoft employee Alex Broughton is continuing with legal proceedings against the company, despite losing an Employment Relations Authority case, heard in March this year, regarding his redundancy in early 2010.

The ERA ruled in March that Broughton’s redundancy from the role of Citizenship Lead at Microsoft New Zealand in January 2010 was carried out properly, concluding: “MSNZ’s actions and how it acted were what a fair and reasonable employer would have done in all of the circumstances.”

Following the ERA ruling, Broughton filed a challenge to the authority’s decision with the Employment Court, re-iterating claims in the ERA case that Microsoft breached the terms of its employment contract with him during the redundancy process. The court gave an interlocutory ruling on five claims made by Broughton in a judgement issued on August 10.

Broughton alleged in the Employment Court that former Microsoft New Zealand country manager Kevin Ackhurst breached the terms of Broughton’s employment contract by engaging in correspondence with Microsoft executives in Australia and Singapore, and with Microsoft’s New Zealand human resources manager, without discussing the matter with Broughton.

In the current Employment Court challenge Broughton requested that Microsoft produce “all email messages, attachments to email messages and notes of telephone discussions” created between June 18 2009 and December 11 that year, between Ackhurst, the then Singapore-based executive, the NZ HR manager “and any other person in the regional office of Microsoft in Singapore” and, likewise, the Microsoft Australia office.

Microsoft objected to that request, on the grounds that it was too broad.

Redundancy Law | Christchurch, Wellington, Auckland | New Zealand

Not all people may have an idea what a redundancy law is. When we hear about it, we just think that it is a law for something not really understanding that it can affect you in some way as well or directly. Now, if you are an employee from a certain company, you should have an idea about being redundant or else you will not be able to file the necessary claims if something come up or you were dismissed from work.

People sometimes do not even know what is being redundant at work. This actually means that you are not so adaptable to changes and not flexible enough which gives your employer the impression that they should not keep you. Given that information, you will have an idea to improve your performance at work to decrease being tagged as redundant.

Take into consideration that there are some valid reasons why you can be tagged as redundant at work. For instance, you decline a certain role, there is a restructuring done in the workplace which includes contracting out work and also if the employer’s business was made for sale or transferred management. In cases like this, you may not be needed any longer to fill in the position. You see, it can be hard and could be really stressful if you are being made a redundant because more often than not, you have little warning that your job is almost about to end. And for most people, they think that if they are being made a redundant, that is the end of world but that is not the case. You can still do something about it.

Keep in mind that you can always talk to your manager if you are feeling off and that you are hearing rumors already about this issue. Might as well that you hear it from them in order to avoid issues in the future that can have a big impact in your standing as an employee. Surely, you can still get compensation in case of a dismissal if it is stipulated on your contract; otherwise, you may file a grievance claim. You can read about Redundancy Law over the internet because it varies depending on which country you are in. You can find that there are scenarios there as well that you can read through to have a better understanding on how one person can be redundant, what are the possible reasons this is done and when does this normally happens.

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