Second Redundancy Consultation Meeting In New Zealand: Employer Essentials

If your business is considering a restructure, the “second consultation meeting” can feel like the make-or-break moment.

You’ve already raised a proposal, shared information, and asked for feedback. Now you need to come back to your employee(s), respond properly, and make a decision in a way that’s fair, well-documented, and legally defensible.

This article walks you through how to approach the second redundancy consultation meeting New Zealand employers commonly run as a follow-up in a restructure process - what it is, what you should prepare, how to run it, and what happens next.

Important: this article provides general information only and isn’t legal advice. Redundancy processes can be high-risk and fact-specific, so it’s worth getting tailored advice for your situation.

Because while redundancy is a lawful business decision, the process must still be handled correctly (and in good faith) under New Zealand employment law.

What Is A “Second Consultation Meeting” In A Redundancy Process?

In practice, redundancy consultation often happens over more than one meeting. The “second consultation meeting” is usually the follow-up meeting after you’ve:

• presented a restructure proposal (often in a first meeting),
• provided relevant information to the affected employee(s), and
• given them a reasonable opportunity to seek advice and provide feedback.

This second meeting is typically where you:

• confirm you’ve considered their feedback (and demonstrate how),
• ask any clarifying questions if needed,
• discuss redeployment options and alternatives again, and
• either confirm a final decision or outline what further steps are still required.

From an employer’s perspective, the key point is this: the second meeting isn’t just a “formality”. If it looks like you’d already decided the outcome before hearing feedback, you’re taking on real legal risk.

In New Zealand, redundancy processes are heavily shaped by the duty of good faith under the Employment Relations Act 2000. That means you need to be open, communicative, and genuine about considering input - even if your commercial position feels clear.

If you want a broader view of how redundancy generally works, redundancy is a helpful starting point before you drill into meeting-by-meeting planning.

What You Should Have Done Before The Second Meeting

The second consultation meeting goes much more smoothly (and safely) when you’ve done the groundwork properly.

Before you schedule the follow-up, make sure you’ve got the basics covered.

1) You’ve Given The Employee A Real Chance To Provide Feedback

In a New Zealand redundancy consultation meeting, “consultation” isn’t just telling the employee what’s happening. It’s giving them a meaningful opportunity to comment on the proposal.

Practically, this means:

• the proposal has been provided in writing (or at least clearly documented),
• the employee has had enough time to consider it,
• they’ve been invited to bring a support person or representative, and
• you’ve invited feedback in writing and/or at a meeting.

There’s no single “magic” timeframe that suits every workplace. What’s “reasonable” depends on the complexity of the proposal, how many staff are affected, and what information needs reviewing.

2) You’ve Provided Relevant Information (And Not Held Back Key Details)

A common employer mistake is to share only a high-level summary and keep the “real reasons” internal.

Consultation typically requires you to provide relevant information the employee needs to understand the proposal and respond meaningfully - for example:

• the business reasons for the restructure (e.g. loss of a major client, duplication of roles, cost pressures),
• what roles are affected and why,
• what the proposed new structure looks like,
• any selection criteria if employees are competing for fewer roles, and
• redeployment opportunities you’re aware of.

Sometimes there are confidentiality issues (for example, commercially sensitive financials). This doesn’t mean you can share nothing - it usually means you should think carefully about what can be shared, in what format, and whether summaries can be provided.

3) You’ve Thought Through Alternatives (And You’re Ready To Discuss Them)

By the second meeting, you should be ready to speak to the main alternatives and why they do or don’t work - for example:

• reducing hours temporarily,
• freezing recruitment,
• retraining or redeployment,
• changing responsibilities, or
• other cost-saving measures.

Even if redundancy still seems like the right call, it helps to be able to explain (calmly and clearly) why other options aren’t workable for your business.

If you’re considering alternatives like cutting shifts or changing rosters, make sure you understand the legal risks of reducing staff hours without proper agreement.

4) You’ve Checked The Employment Agreement And Policies

Before the second meeting, review the employee’s Employment Contract and any workplace policies for:

• notice periods,
• redundancy clauses (including any redundancy compensation),
• consultation or restructuring procedures, and
• redeployment obligations (if any).

Not every contract includes redundancy compensation, and in New Zealand redundancy pay isn’t automatically required by law - but it may be required by the employee’s agreement, workplace policy, or bargaining arrangements.

How To Run The Second Redundancy Consultation Meeting (Step-By-Step)

A strong second consultation meeting is structured, respectful, and evidence-based. You’re balancing empathy with clarity, and process with practicality.

Here’s a step-by-step approach many small businesses use for a New Zealand redundancy consultation meeting that employees and employers can navigate with fewer surprises.

Step 1: Set The Scene And Confirm The Purpose Of The Meeting

Start by confirming:

• this is a follow-up consultation meeting about the proposal,
• no final decision has been made yet (unless it genuinely has - but be careful here), and
• you’re meeting to go through feedback and discuss next steps.

Also confirm who is present and the employee’s support person (if any).

Step 2: Recap The Proposal (Briefly)

Don’t re-litigate the entire proposal, but do briefly summarise:

• what change was proposed,
• why the business proposed it, and
• how the employee’s role is affected.

This helps keep the meeting focused and ensures everyone is working from the same understanding.

Step 3: Walk Through The Feedback You’ve Received

This is the heart of the second meeting.

Ideally, you’ve received feedback in writing. If not, you may be discussing feedback raised verbally in the first meeting or via follow-up conversations.

A practical approach is to use a table (for your internal notes) covering:

• Feedback point raised
• Your response
• Whether the proposal will change
• Why / why not

During the meeting, you don’t need to read from a script, but you do need to show you’ve genuinely considered what was said.

If a point changes the proposal, be ready to explain the updated version and what happens next (including whether more consultation is required).

Step 4: Ask Clarifying Questions (If You Need Them)

If any feedback is unclear, ask follow-up questions.

This is also a good time to check whether the employee has raised all feedback they want considered, or whether they need more time (again, reasonableness matters).

Step 5: Discuss Redeployment Options And Any Suitable Alternative Roles

Even where redundancy seems likely, you should still discuss redeployment in the second consultation meeting.

Consider:

• vacant roles (even if they’re in another team or location),
• roles that could be available soon (e.g. upcoming resignations),
• whether reasonable training could make redeployment possible, and
• whether a different role could work with appropriate changes (for example, training or adjusted duties) and lawful agreement.

If there are no options, say so - but also document what you checked and why no role is suitable.

Step 6: Explain The Decision-Making Timeline

At the end of the meeting, make it clear what happens next. For example:

• you’ll consider any final feedback by a certain date,
• you’ll confirm the final decision in writing, and
• if redundancy is confirmed, you’ll issue a letter outlining notice, final pay, and any support available.

If you’re ready to make the final decision at the meeting, be very careful to ensure you’ve genuinely completed consultation first. Often, it’s safer to take the information away, then confirm the outcome in writing shortly after.

Step 7: Keep Notes (And Confirm Them)

Take detailed notes during the meeting. After the meeting, send a follow-up email confirming:

• the key feedback raised,
• any documents provided, and
• the next steps and timing.

This is one of the simplest ways to reduce “he said / she said” disputes later.

If you’re running a more complex restructure (or you’ve got multiple affected employees), it can be worth using a lawyer-prepared template pack like a Redundancy Document Suite so your documents and process stay consistent.

Common Mistakes Employers Make In The Second Meeting (And How To Avoid Them)

Most small business owners aren’t trying to do the wrong thing. The problem is that redundancy is stressful, time-poor decisions get made quickly, and “fair process” can be easy to underestimate.

Here are common pitfalls we see around the second consultation meeting.

1) Treating Consultation As A Box-Ticking Exercise

If the employee feels like the decision was made before they had a chance to comment, that can trigger a personal grievance risk.

A good second meeting shows your working: what you heard, what you considered, and what changed (if anything).

2) Not Being Clear On Selection Criteria (Where Roles Are Reduced)

If you’re moving from (say) two roles down to one, you may need a fair selection process.

In the second meeting, be ready to explain:

• what the selection criteria are,
• how they were applied,
• what information was used to assess the employee.

Be consistent. Inconsistency is one of the fastest ways to create the perception of bias or predetermined outcomes.

3) Mixing Redundancy With Performance Issues

Redundancy should be about the role, not the person.

If the real issue is performance, but you frame it as redundancy, you’re opening up significant legal exposure (and the employee may argue the redundancy is a “sham”).

If performance management is part of the background, get advice early on how to separate the issues properly.

4) Not Considering Alternatives Properly (Or Not Documenting That You Did)

You don’t have to adopt every alternative an employee suggests. But you generally do need to consider them in good faith.

If you reject an alternative, record why. In the second meeting, explain your reasoning in plain English, without being defensive.

5) Slipping Up On Communication

In a restructure, your words matter. Avoid statements like:

• “This is happening regardless.”
• “We’ve already decided.”
• “There’s no point discussing it.”

Even if you believe the proposal is likely to proceed, the consultation process needs to be genuine, and your language should reflect that.

If you’re unsure how to structure your communications, getting tailored Redundancy advice early can save a lot of cost and stress later.

What Happens After The Second Consultation Meeting?

After the second meeting, what you do next depends on whether consultation is complete and whether the proposal has changed.

If You Need More Consultation

If the employee raises new information that materially impacts the proposal, or you make changes to the proposal that affect the employee in a new way, you may need to consult again.

That might mean:

• issuing an updated proposal,
• providing further relevant information, and
• giving another reasonable opportunity for feedback.

If You’re Ready To Confirm The Outcome

If consultation is complete and you’ve made a final decision, you’ll usually confirm the outcome in writing.

Your redundancy outcome letter should typically cover:

• the final decision and effective date,
• the reasons for the decision (business reasons, not personal reasons),
• notice period (and what happens during notice),
• final pay components (e.g. wages, annual leave, any redundancy compensation if applicable),
• return of company property, and
• any support offered (e.g. time to attend interviews during notice, EAP if you offer it).

If things become contentious, some employers explore a mutually agreed exit using a Deed of Settlement, but this should be handled carefully and with proper advice (especially to avoid any suggestion of pressure).

Don’t Forget Your Wider Compliance

Redundancy often affects more than just the exiting employee. After the second meeting and outcome, consider:

• how remaining employees will be informed (confidentiality still matters),
• whether job descriptions need to be updated,
• whether you need new or updated Employment Contract terms for restructured roles, and
• how you’ll manage workload and health and safety risk during the transition.

If you’re reallocating duties or combining roles, it’s worth sanity-checking the legal position before you assume it can just be “absorbed” by other staff.

Key Takeaways

• The second redundancy consultation meeting New Zealand employers run should be a genuine follow-up where you respond to feedback, not a box-ticking step before termination.
• Before the meeting, make sure you’ve provided relevant information, allowed a reasonable opportunity for feedback, and checked the employee’s contract terms (including notice and any redundancy entitlements).
• A strong second meeting usually includes: a short recap of the proposal, a clear discussion of feedback and your responses, a redeployment discussion, and a clear timeline for next steps.
• Common risk areas include predetermined decisions, unclear selection criteria, mixing redundancy with performance concerns, and failing to document your consideration of alternatives.
• After the second meeting, you may need further consultation (if the proposal changes) or you can move to confirming the outcome in writing with correct notice and final pay calculations.
• Redundancy is a high-risk area for disputes, so it’s smart to get advice early and use well-prepared documents to keep your process consistent and fair.

If you’d like help running a redundancy process or preparing for a second consultation meeting, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.