Take a look at NZ employment law.
See how many employer arguments have been lost because they allowed unchecked dissmisable actions to prevail as "custom and practice"!
Oldest trick in the book by unions in dismissal defence ... employers must check and stop bad practice every time not just as it suits them!
If it can be proved that the others have done/are doing it Banks is home free on appeal, it's accepted "custom and practice" end of story!
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