unfair dismissaltransfer of undertakingarbitration awardwrong party
Tags
business transferundertakingnew employer
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether appellant sued the wrong party for unfair dismissal","issue_type":"law","dispositive":"yes","related_facts":"Kitchen sold as going concern, staff transferred, dismissal after transfer"}
{"issue_text":"Whether there was a transfer of undertaking","issue_type":"mixed","dispositive":"no","related_facts":"Agreement of sale, memorandum to staff, new owner's admission"}
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background
Facts of the Case
Background
Appellant claimed unfair dismissal against Richwood Sports Club. The arbitrator dismissed the claim on basis that the club had sold its kitchen business to a third party, making the club the wrong party to sue. The kitchen was sold as a going concern and all kitchen staff were to be transferred to the new owner.
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