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Question Details: I had no knowledge (internally) that my employer has been actively trying to find a replacement and found out today that they have offered my job to someone for almost twice my salary. I have not had any performance issues. Do I have a case against them?
Filed under Employment Law | 1327 View(s)
Community Law Wellington & Hutt Valley
It is not illegal to employ someone new, but the next steps your employer takes might breach employment law - depending what those steps are.
On the information provided, your employer has not taken yet any action to directly affect you (for example, trying to dismiss you or reduce your hours or responsibilities). It would be best to see what your employer does next, or approach them directly to query what has happened (as the wires may have been crossed regarding the replacement). If your employer does try dismiss you, to push you out or to make you redundant because they have hired someone else, you should contact your local Community Law Centre (www.communitylaw.org.nz) or an employment lawyer, as your employer could be breaching the law.
You should also keep any evidence you have about the employer advertising etc.
Answered 5 Mar 2013. The IMPORTANT NOTICE below is part of this answer.
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