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  6. [2012] NZSC 69 SC124/2011 Service Food Workers Union v The persons listed in Schedule A & OCS Limited [PDF, 137 KB]

    JUDGMENT OF THE COURT, 9 August 2012. Appeal allowed. Upheld the CA's point that the employees could not bargain for redundancy compensation under s 69N because their collective agreement expressly excluded "redundancy payments". On the second issue of the effect of the employment agreement in this case, the SC reversed the CA’s finding that the exclusion of redundancy payments excluded the right to bargain for any other form of redundancy entitlement (reinstating the EC). The expression "redundancy entitlements" is defined in s 69B to include redundancy compensation, demonstrating that redundancy entitlements can take forms other than payment of monetary compensation (such as a right to retraining).