Challenge criteria before scoring
Comment on vague, irrelevant or apparently outcome-driven criteria during consultation rather than waiting until the final ranking is announced.
Selection becomes important when there are fewer roles than employees, or where new roles must be filled from an affected group. The restructure may have a genuine business basis and the selection exercise may still be unfair if the criteria, scoring or consultation are defective.
Employment New Zealand says employees should be selected for roles in a fair and reasonable way. Where a selection process is used, employees and unions should have an opportunity to comment on what the process will involve, how it will happen and the proposed selection criteria.
The official guidance says selection criteria should be objectively measurable. That does not mean every criterion must be a simple numeric metric, but the employer should be able to explain what was assessed, what evidence was used and how employees were compared consistently.
Selection is also not the end of the restructure process. The employer should still consider redeployment and other alternatives to redundancy. A poor score for one contested role does not automatically answer whether another available role should have been offered or properly assessed.
Comment on vague, irrelevant or apparently outcome-driven criteria during consultation rather than waiting until the final ranking is announced.
A score should be capable of explanation. Compare it with objective performance records, qualifications, experience and any material the employer said would be used.
Identify who scored each employee, whether the same standard was used, and whether a manager involved in a recent dispute had disproportionate influence.
Even if you are not selected for a reduced pool or new role, ask what other vacancies exist and why you can or cannot be redeployed into them.
Save the proposed criteria, weighting, scoring scale, assessors, timetable and role descriptions before the consultation deadline.
Explain why a criterion is vague, irrelevant, duplicative or difficult to measure, and propose a better alternative where possible.
Keep the scoring sheet and ask for the material used to reach each significant score, subject to legitimate confidentiality issues.
Correct factual errors and raise comparator, conflict, disability/accommodation or redeployment issues while the employer can still genuinely reconsider the result.
Criteria are changed after management sees provisional scores
A criterion appears designed around one preferred employee
Scores conflict with recent objective performance records
No opportunity is given to comment on the criteria or your result
Different assessors use different standards
A manager with a live dispute or obvious conflict controls the scoring
Redeployment is treated as irrelevant once ranking is complete
A selection process can be used where fewer or materially different roles remain, but Employment New Zealand says the process must be fair and reasonable and affected employees should be consulted about the proposed process and criteria.
Employment New Zealand says selection criteria should be objectively measurable. Ask how each criterion is defined and what evidence will be used to score it.
Employment New Zealand says employees should be given the results of the selection process and an opportunity to comment on the result they receive. The precise disclosure of other employees' information can involve privacy and confidentiality issues.
Challenge the factual basis, identify objective contrary evidence, raise any conflict or inconsistency, and do so before the final decision where possible so the employer has a genuine opportunity to reconsider.
Employee-side employment advocacy. No Win No Fee for suitable matters.