Valhalla Resort Hotel Ltd operates a Managed Isolation and Quarantine (MIQ) hotel in Auckland (these kinds of facilities are where travellers to NZ must stay for a minimum of 14 days when entering the country). It employs 50 staff in the hotel itself and another 5 staff who work at a separate location in the Auckland CBD, this is the marketing office. The general manager of the hotel is Bjorn. The HR director is Valeria.

Chester and Sally joined the hotel staff as front desk staff at about the same time, in June 2020. They have both been diligent workers but unfortunately Chester has been involved in a large number of arguments with other staff in the hotel. Although he is always polite and helpful with guests of the hotel, Chester has had several long term disagreements with other staff that he works with, including with Sally. No warnings have been given to Chester, but Bjorn has become increasingly frustrated with what he sees as petty behaviour by Chester.

Early in 2021, the NZ Government passes the COVID-19 Public Health Response (Vaccinations) Order 2021, which requires staff who work at MIQ hotels to be vaccinated. Only two of the 50 staff who work at the hotel refuse to be vaccinated, they are Chester and Sally. The 5 staff in the marketing office do not need to be vaccinated to work there because they have no physical contact with the hotel staff or guests.

When hearing of the Government order, Bjorn sends an email to Valeria which states: "Great, this is our chance to get rid of Chester, he is such a pain. But please redeploy Sally, she is fantastic. We can give her a job in the marketing office so she doesn't need to be vaccinated. Don't tell Chester we are doing this for her, I don't want any problems. Don't consult with Chester, just let him go. I don't want him to change his mind and get the vaccine. Otherwise this could drag on for months while he decides."

Valeria approaches you, because you have recently been hired to work in the HR team at the hotel. She asks you to prepare a memo to Bjorn, setting out how the redundancy process should be undertaken. She wants to know how the process should be done correctly and also whether Chester would be able to bring a personal grievance if the process was done as Bjorn had suggested in his email.

You agree to get the memo to Valeria by Sunday 10 October at 11:59pm

Required:

1. By referencing relevant legislation and case law, write a memo to Bjorn to explain the
2. correct way to carry out the redundancy process that Valeria has suggested. [13 marks]
3. If the redundancy process were to go ahead as Bjorn has suggested, on what grounds would Chester be able to bring a personal grievance claim? You should refer to relevant
4. legislation and case law. [4 marks]
5. The clarity of expression of your memo will be part of the assessment: