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I sell my business and the new owner offers to recruits my employees on the same terms and conditions. The new owner refuses to recognise service of transferring employees for the purposes of unfair dismissal laws, so that he has a full 6 months to see if he wants to keep the employees. Am I exempt under s 122 of the FW Act from making redundancy payments to transferring employees?

Frequenty Asked Questions

I sell my business and the new owner offers to recruits my employees on the same terms and conditions. The new owner refuses to recognise service of transferring employees for the purposes of unfair dismissal laws, so that he has a full 6 months to see if he wants to keep the employees. Am I exempt under s 122 of the FW Act from making redundancy payments to transferring employees?

Probably not, because a condition for that exemption is that the new employer recognises prior service with the old employer.

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