A former marketing manager at a digital marketing agency has won her unjustified dismissal claim after the Employment Relations Authority (ERA) found the company’s redundancy process was predetermined and failed to provide sufficient information for meaningful consultation.
The ERA ruled that the employer’s decision to disestablish the role of “Marketing Manager – Australia New Zealand” and terminate the employment of the employee, anonymised as KMW, did not meet the standards of a fair and reasonable employer under employment law.
KMW began working for the company in June 2022 in a permanent full-time role. She was first approached in May 2022 by a co-director from the digital marketing agency, who told her that the company was “in serious growth mode” and looking for marketing talent.
In an email, the co-director said that “the scale we will achieve across the globe this becomes a $200k role.”
KMW said she was induced to leave secure employment by promises of “regular opportunities to earn commission” and significant career growth.
But after less than two years in the role, her employer proposed disestablishing her position in January 2024, citing restructuring and a plan to absorb her duties into an Australian-based production team.
In February 2024, the firm disestablished her position and terminated her employment on four weeks’ paid notice.
KMW challenged the proposal, alleging lack of information, predetermination, and failure to consider...
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