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Clause 17(3) of the Employment Contracts Bill (1990) sought to remove consideration of procedural fairness from the unjustified dismissal decision. While this clause failed to survive the second reading, an important hypothetical question remains: what impact would legislation such as this have on the unjustified dismissal decision? By way of addressing this question, the results of a survey of dismissal appeals heard under the Labour Relations Act (1987) are reported. The discussion suggestsdoi:10.26686/nzjir.v17i3.3331 fatcat:k6r7mfqgzfdphdtkbhscpbu774