Worker wins case after employer bound themselves to redundancy outcome during first phase of restructure
A seasonal field technician faced redundancy during a nationwide restructuring that identified 25 positions for disestablishment across the employer's livestock business group.
The worker raised concerns about procedural deficiencies and suggested her selection involved an ulterior motive, while the employer maintained the redundancy was enacted for genuine reasons following extensive consultation.
The worker claimed she was misled during the consultation after her colleagues received letters confirming their positions were safe while her consultation was ongoing.
The dispute centered on whether the employer followed proper consultation processes, provided genuine opportunities for input, and met its contractual obligations regarding reassignment before proceeding with redundancy.
Her position was an ongoing seasonal position working 10 months of the year and was subject to a collective agreement between the employer and the union. The worker was a union member.
The employer started a nationwide restructuring process by distributing a change proposal "consultation pack" accompanying an audio-visual meeting for 150 potentially impacted workers.
The worker and three other West Coast technicians received an individual letter commencing consultation on three broad organizational changes as part of a review of livestock services.
The letter stated the worker's role was at...
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