"As a consequence of recession and also of major restructuring of the economy, New Zealand has experienced considerable redundancies over the last 20 years. During this time, successive legislators have been reluctant to pass specific redundancy legislation guaranteeing compensation to workers being made redundant. Legislation does, however, give any dismissed worker the right to take a personal grievance. The failure of legislators to make crystal clear what is the situation with redundancy has allowed, if not encouraged, a considerable degree of judicial activism on the part of the Courts, thereby creating a high level of uncertainty as to the outcome of any redundancy situation."

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