Reply To: CAN EMPLOYEES IGNORE AUTOMATIC TRANSFER UNDER SECTION 197?

[Ingrid Lewin]

I don’t think the case is precedent allowing employees to ignore the consequences of a section 197 transfer. The issue in dispute was whether the employees were entitled to be paid because they had tendered, and the municipality had accepted, their services pending the outcome of their discussions. In other words, their transfer, in effect, had been suspended for the period during which the old employer accepted their tender of services.