A statutory transfer of employees under transitional provisions does not, without more, effect an appointment to a particular office where the governing legislation requires a specific appointment process. An employee whose employment is transferred to a new entity but who is not formally appointed to a substantive position in that entity retains their original substantive position, which may be abolished on grounds of redundancy. The dissent's analysis of redundancy by reference to the 'business' rather than the 'employer' was not adopted by the majority.
The full text is available to signed-in members.