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Court of Appeal Wellington
3, 4 May; 10 October 1994
Cooke P, Richardson, Casey, Gault JJ and Sir Gordon Bisson
3, 4 May; 10 October 1994
Cooke P, Richardson, Casey, Gault JJ and Sir Gordon Bisson
Industrial law — Redundancy — Unjustified dismissal — No agreement in force for payment of redundancy compensation — Employer selling business and unable to offer employees redeployment — Failure to communicate, consult or negotiate with employees in respect of alternatives to redundancy — Failure to pay adequate compensation in absence of agreement to pay redundancy compensation — Whether such failures constituted unjustifiable dismissal for procedural unfairness — Employment Contracts Act 1991, ss 26, 40 and 41.