Ask the expert: Good faith a key requisite

Q: I have been told I am to be made redundant. As yet I haven't been given a timeframe or a set date. I was told two months ago and still haven't been given any feedback. I have contacted my manager for a meeting to discuss this, but he has avoided making a time. I feel insecure, unhappy and frustrated.

A: I cannot give legal advice, but you might want to consult the Employment Relations Service, www.ers.govt.nz, regarding your rights and responsibilities as an employee. In particular, there may be requirements of consultation in the New Zealand redundancy process that may have been overlooked.

In preparing to discuss this with the ERS you will want to check your employment agreement to see what provisions there are for resolving employment-related problems.

These should lay out the first steps you must take within the organisation to get answers to your questions or to express the lack of answers as a complaint.

You should also check for the redundancy provisions, if any, that exist in your contract. If you have an HR manager, they may be able to help you in this process as well as advise you on the company policies which may apply to redundancy or redeployment.

The ERS website has some information on the issue of good faith that might interest you as well. The Employment Relations Act 2000 has "good faith" as its central principle. Employers, employees and unions must deal with each other honestly and openly.

As the ERS website goes on to note, open and honest relationships encourage trust and confidence in the employment relationship, which is at the heart of job satisfaction and productivity.

Your question really points out the problems that arise when open and honest communication does not occur, and how that affects your ability to work.

It is probably not much comfort, but your experience is consistent with international research that suggests that communication regarding redundancy must include the elements you have noted are missing - what exactly is going to happen, and when.

Managers often assume that they are better off leaving things vague, so that they can change if needed, but "best practice" requires frequent, clear and consistent communication so employers and employees know what to expect.

Your managers may not know the answers to your questions, but they should still communicate with you rather than leave you in the dark.

From your perspective, you need to be clear about your rights in a redundancy situation, and the ERS and your own employment agreement should be able to help with these. Your employer's disputes procedure, or mediation services through the ERS, may help you to get clearer answers to your questions so you can plan for the future.

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