Redundancy is lawful — but it is a process, not an event. Getting the steps right is what keeps a legitimate business decision from becoming contentious litigation.
Redundancy decisions are rarely purely legal. They sit alongside the operational realities of a business under pressure. But the law treats redundancy as a process, and the process is where most disputes are won or lost.
A genuine redundancy needs a genuine reason — and a fair process. Employers who can show the commercial basis for the decision, but who skip the procedural steps, often find a sound decision undone on process grounds before the Employment and Labour Relations Court.
Much of what makes a redundancy defensible is documentary: the business case, the selection matrix, the consultation record, and the final computations. Building that record as you go is far easier than reconstructing it later.
The goal is guidance that is both legally defensible and workable in practice — so that a difficult but legitimate business decision does not escalate into avoidable litigation.
This article is general information, not advice on any specific redundancy or dismissal.
This article is general information, not legal advice. For guidance on your specific circumstances, arrange a confidential consultation.
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