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Union hails 'milestone decision' for workers

The GWU said this evening that an award by an Industrial Tribunal confirmed by the Court of Appeal had made it clear that a worker could not be dismissed because his or her job was transferred to a contractor.

The union explained that one of its members had gone before the tribunal after her job was transferred to a contractor and she was made redundant. The tribunal had found unfair dismissal and ordered that the worker be given the job with the contractor under her former conditions. The tribunal also ordered the payment of financial compensation. The award was confirmed by the Court of Appeal.

The union said these decisions confirmed its argument that in terms of clause 38 of the Industrial Relations and Employment Act and legal notice 433 of 2002 no worker could lose his job because of the transfer of a business or part of it.

This case, the union said, had set an important precedent for all workers.

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