The employer had used psychometric testing as
part of the process of choosing which staff to make redundant. The employer had used an outside agency to
test the relevant staff, but was not permitted to know the questions asked and
answers given because this was the intellectual property of the testing
company.
The employer could not provide that information
to staff affected on request and was therefore held to have been not acting in
good faith. The Court warned about
relying on such systems in choosing who to make redundant.
The employer also did not comply with its own
employment agreement provisions on how to decide on redundancies, and took into
account irrelevant factors. The Court
ordered reinstatement and $15,000 damages.
If you need assistance with the redundancy process give me a call on (04) 473
6850.
Alan Knowsley.
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