INDUSTRIAL LAW - Redundancy - Agreement clause requiring recourse to "redeployment and voluntary redundancy" - Whether employer obliged to offer redundancy separation to employees whose positions continued to exist - Agreement clause requiring investigation of "all avenues to avoid forced redundancies, including the reduction of contractors" - Whether confined to contractors engaged on full time, permanent, basis - Whether employer had undertaken investigation.
INDUSTRIAL LAW - Obligation to consult where introduction of "change" being considered - Whether change was "major" - Whether introduction of change being "considered" - Potential impact of change on dayworkers - Whether employed on day shift - Whether "a change to the numbers of employees per shift."
INDUSTRIAL LAW - Adverse action - Dismissed of employee - Whether done because of employee's position as officer of trade union or his having engaged in industrial activity - Reasons of decision maker - Onus of proof - Credibility of witness.
EVIDENCE - Credibility of witnesses - Witnesses' evidence rejected for reasons which included their failure to refer, in their affidavits, to documents and facts which were unhelpful to their case - Whether they testified that their affidavits were comprehensive - Whether they were given sufficient warning that their omissions might result in the rejection of their evidence.
INDUSTRIAL LAW - Remedies - Reinstatement - Whether available where position previously occupied no longer existed.
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