Employment Relations Act 2000s4s103A

What notice period am I owed when made redundant in NZ?

In New Zealand, redundancy notice periods are set by your employment agreement, not by statute. However, employers have significant obligations before and during a redundancy.

What your employment agreement should specify:

  • The minimum notice period (commonly 2–4 weeks for most roles)
  • Any redundancy compensation (this is not legally required unless in your agreement)
Consultation obligations (mandatory): Before making a role redundant, your employer must:
  • Provide you with information about the proposed restructure
  • Give you a genuine opportunity to respond
  • Consider your response before making a decision
  • This is a good faith obligation under s4 ERA 2000. Failure to consult can make the dismissal unjustified even if the role genuinely no longer exists.

    What makes a redundancy legitimate:

    • The role must genuinely be surplus to requirements
    • The restructure must be a real business decision, not a pretext to remove you specifically
    • If a similar role is later advertised, you may have a personal grievance claim
    Redundancy pay: NZ law does not require redundancy pay unless your employment agreement provides for it. Check your agreement.

    Time to raise a grievance: 90 days from the date of notice (s114 ERA 2000).

    Source: Employment Relations Act 2000 — View on legislation.govt.nz

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    Legal information, not legal advice. This information is based on New Zealand legislation and is provided for educational purposes. It is not a substitute for advice from a qualified New Zealand lawyer about your specific situation. If you are dealing with a serious legal matter, consult a lawyer or your nearest Community Law Centre (communitylaw.org.nz).