How to use this list
This is general information, not legal advice. A mistake doesn't automatically mean you win a case, since the Authority looks at whether a fair and reasonable employer could have acted this way, and from February 2026 minor defects that didn't cause unfairness are less likely to make a dismissal unjustified. But patterns here are what lawyers and unions look for.
The ten mistakes
| Mistake | What you might see | What to do |
|---|---|---|
| 1. Decision made before consultation | Notice letter drafted, replacement named, or 'this is happening'. | Put your concerns in writing. Keep dated evidence. |
| 2. No genuine business reason | Same role advertised weeks later; no financial case. | Ask for the reason in writing; note any rehiring. |
| 3. Using redundancy to dodge performance or conduct | Recent warnings, personality clash, complaint you raised. | Say redundancy is about the role (Employment NZ), and ask for the evidence. |
| 4. Hidden or subjective criteria | Scores with no notes; criteria you've never seen. | Request criteria, scores and evidence. |
| 5. No time to respond | Meeting and decision within a day or two. | Ask in writing for a reasonable time to get advice. |
| 6. Ignoring feedback | Generic reply, no explanation of what was accepted or rejected. | Ask for a point-by-point response. |
| 7. No look at alternatives | No redeployment, reduced-hours or role-change discussion. | Suggest alternatives in your feedback. |
| 8. Wrong people left out | Staff on leave, pregnant, injured or in a union ignored. | Raise discrimination, union and leave protections. |
| 9. Missing pay | Notice, annual leave, 8% or public holiday pay shorted. | Check with the Final Pay Calculator; email payroll. |
| 10. Pressure to sign | 'Sign today or lose the offer.' | Never sign on the spot; get advice. |
Build your record
- Keep a dated timeline: who said what, when and how.
- Save emails, messages, proposals and your written feedback to a personal account (not confidential company data that isn't about you).
- Request your personal information (see the last day guide).
- Make notes straight after any meeting.
- Don't secretly record anyone without taking advice first.
Next steps
- Raise the problem in writing as soon as you spot it, using the consultation and selection guides.
- Get free advice: Community Law, a union, or Employment NZ.
- Raise a personal grievance in writing within 90 days if you are dismissed. See the grievance guide.
- Ask for mediation, which is free.
- If it can't be resolved, the Authority is the next step.
Sources
- Employment New Zealand: Redundancy (opens in a new tab)
- Employment NZ: Workplace change process (opens in a new tab)
- HCAMag: Managing redundancies, key risks to avoid (opens in a new tab)
- Community Law Manual: Redundancy (opens in a new tab)
General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.