Reply To: REMEDY FOR CHANGE IN TERMS AND CONDITIONS IN A TAKEOVER AS A GOING CONCERN

[Anna Peal]

I agree with Ingrid that reinstatement could be an option because this is not necessarily a constructive dismissal. However, would it be right for the unfairly dismissed employee not to be reinstated merely because the employer brought evidence to show that reinstatement would be impractical? Surely the intention of section 197 is for the employee to be employed by the new employer despite the impracticalities of doing so?