[2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]
...only justified if an employer’s business was failing. The Labour Court’s conclusion was, therefore, that the dismissal was unjustified. [50] The Court of Appeal in GN Hale held against the Labour Court’s assertion that redundancies are only permitted in failing businesses. Importantly for present purposes, the Court of Appeal made it clear that it was not for the Court (or now the Authority) to substitute its decision for that of the employer on these questions. So, in prac...