Commentary

236 Unfair dismissal in connection with a transfer

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

236 Unfair dismissal in connection with a transfer

| Commentary

236 Unfair dismissal in connection with a transfer

Where an employee is dismissed, whether before or after a relevant transfer, that employee shall be treated as unfairly dismissed1 if the sole or principal reason for the dismissal is:

  1. 236.1

        the transfer itself; or

  2. 236.2

        a reason connected with the transfer which is not ‘an economic, technical or organisational reason entailing changes in the workforce’2.

On the other hand, where the sole or principal reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce of either the transferor or the transferee before or after a relevant

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