In good faith? Job cuts at TVNZ and the consultation process [Video]

Rocky times for media puts spotlight on business rights versus rights of employees in redundancy situations, explains employment lawyer Barbara Buckett. 

On the heels of the proposed Newshub closure, TVNZ has announced the start of a consultation process which could see some 68 news staff let go. It envisages a final decision to be made in April.

There is no doubt that media organisations globally are genuinely in difficulty, and both TVNZ and Newshub are in the eye of the storm. However, regardless of how dire the situation may be, such does not dispense with the rights of employees under the Employment Relations Act to fair process which includes meaningful consultation and the consideration of alternatives.

Under the law the courts will look beyond the mere genuineness of the situation. It will determine whether an employer’s decision is one that a fair and reasonable employer could make; there is no distinction made under the …