9 Aug 2012
SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA INC v OCS LIMITED SC 124/2011
- Citation
- SC 124/2011
- Court
- Supreme Court
s69N(1)(c) requires both that the employment agreement does not provide for redundancy entitlements and that it does not expressly exclude them; an express exclusion of monetary 'redundancy payments' excludes only monetary compensation and does not prevent bargaining for other non‑monetary redundancy entitlements; therefore the Employment Court's interpretation that clause 25.2 excluded only monetary compensation but left other bargaining rights intact was correct and must be reinstated.