Reinstatement, on the same terms and conditions as prevailed at the time of the transfer, would be the primary remedy unless:
(a) the employee did not want to be reinstated; or
(b) evidence is adduced to prove that:
a. the new employer’s provision of conditions at work that are substantially less favourable than those provided by the old employer have rendered further employment intolerable; or
b. it is not reasonably practicable for the employee to be reinstated.
c.
The dismissal cannot “necessarily” be regarded as a constructive dismissal.
Reinstatement, on the same terms and conditions as prevailed at the time of the transfer, would be the primary remedy unless:
(a) the employee did not want to be reinstated; or
(b) evidence is adduced to prove that:
a. the new employer’s provision of conditions at work that are substantially less favourable than those provided by the old employer have rendered further employment intolerable; or
b. it is not reasonably practicable for the employee to be reinstated.
c.
The dismissal cannot “necessarily” be regarded as a constructive dismissal.
