Sentences with phrase «eto reasons»

If the transferee manages to establish an ETO reason, the tribunal will move on to consider the issue of general unfairness in the circumstances (s 98 (4), ERA 1996).

It would also seem prudent for a transferee to consider a strategy at the time of moving the transferring employees that satisfies the definition of an ETO reason described above.

The original firm — no longer in existence by now — and the new firm were both asserting that although the dismissal was automatically unfair under reg 8 (1), this was disapplied by reg 8 (2) because it was for an ETO reason.

More importantly, and taking a purposive approach, it could not be right that transferors were allowed to legitimately dismiss for the transferee's ETO reason and at the transferee's request as this would be an excellent way of avoiding the protection afforded by the TUPE regulations.

Not exact matches

But transfer connected dismissals for an economic technical or organisational (ETO) reason entailing a change in the workforce are not automatically unfair.

In Tapere no such economic, technical or organisational (ETO) reasons entailing changes in the workforce could be identified: thus the claimant's dismissal was automatically unfair.

Legal argument centred on whether the TUPE Regulations (Transfer of Undertaking Regulations 2006) were transferred to CPFC or whether the employees were dismissed for economic, technical or organisational reasons (ETO).