When selection applies
Selection only comes into play when a restructure reduces a group of similar roles, for example five analysts down to three. If your role is unique and being removed entirely, there's nothing to select between, but your employer should still look at redeployment and alternatives.
Employment NZ's guidance for employers says selection criteria should be objectively measurable, that employees should be told what the criteria are, given reasonable time to prepare, and shown the results with a chance to comment.
What fair criteria look like
| Usually reasonable | Risky or unreasonable |
|---|---|
| Skills, qualifications and experience needed for the new structure | Vague scores such as 'attitude' or 'fit' with no evidence |
| Relevant performance records already on file, applied consistently | Performance concerns raised for the first time in the redundancy process |
| Ability to do the remaining work, scored by a panel with notes | A single manager scoring alone with no records |
| Length of service (sometimes used as a tie-breaker; check your agreement or policy) | Counting sick leave, parental leave, ACC absence or other protected leave against you |
| Voluntary redundancy first, if the employer offers it | Criteria that favour one group (age, sex, ethnicity, disability, family status) without justification |
What to ask for
- The written selection criteria and how each is weighted.
- Who scored you and on what evidence.
- Your scores, and the anonymised scores or ranking of others if available. The employer may protect others' privacy but must give you enough to understand how you were assessed.
- A chance to comment on your scores before the decision is final.
- Consideration for any other roles you could do, with training if it's reasonable.
Challenging a score
Hi [Name], I've reviewed the selection results you shared on [date]. I'd like to comment on the following before a decision is made: - Criterion [X]: I was scored [n]. The evidence I'd point to is [examples, dates, documents]. - Criterion [Y]: I'd like to understand what evidence this score is based on. Please can you confirm who scored me and provide any notes. I'd also like the decision held until you've considered this feedback. Kind regards, [Name]
Using the Privacy Act to see your file
You can request personal information the employer holds about you, including notes and scoring about you. The Privacy Commissioner says an organisation has 20 working days to respond (public holidays and 25 December to 15 January don't count), and can extend only in limited cases and must tell you why. A refusal must also be explained. See the last-day checklist guide for wording.
If you think it was unfair
- Raise it in writing during the process, then, if you're dismissed, within 90 days as a personal grievance.
- Ask for mediation. It's free and confidential.
- Get free advice from Community Law, Citizens Advice Bureau, or a union.
- Remember an ERA investigation looks at whether a fair and reasonable employer could have decided as yours did, not whether you'd have chosen differently.
Sources
- Employment New Zealand: Redundancy (opens in a new tab)
- Employment NZ: Workplace change process (opens in a new tab)
- Community Law Manual: Redundancy (opens in a new tab)
- Privacy Commissioner: ask for your information (opens in a new tab)
General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.