77HA Restriction of compensation for technical redundancy arising from closure or merger of schools


An employee in a school is not entitled to receive any payment or other benefit on the ground that his or her position in the school (the previous position) has ceased to exist because the school is affected by a merger under section 156A of the Education Act 1989 or is closed under section 154 of that Act and, before the date on which the merger or the closure takes effect,—


the employee is offered in writing employment in an equivalent position (whether or not the employee accepts the offer) in the continuing school or in the replacement school or in another school directly affected by the merger or the closure; or


the employee is offered in writing, and accepts, employment in any other position in the continuing school or in the replacement school or in another school directly affected by the merger or the closure.


Employment in an equivalent position in relation to the employee’s previous position is employment that—


is generally similar in role, duties, and status; and


requires similar qualifications, training, skills, and experience, but may have a different title; and


is in the same general locality; and


is on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of employment (including any service-related redundancy conditions and superannuation conditions); and


is on terms that treat the period of service with the school in which the previous position was held (and any other period of service recognised for the purposes of the previous position as continuous service) as if it were continuous service for the purposes of the position offered to the employee.


The Minister of Education may determine whether a school is directly affected by a closure or merger, and that determination is binding on all parties.


Subsection (1)(b) is subject to any contrary provision in an employment agreement that provides for a payment on the ground that the employee’s position has ceased to exist, but only if that payment is less than the amount that would otherwise be payable in any case to which subsection (1) does not apply.


A collective employment agreement that binds employees in schools may provide, consistently with subsections (1) and (2), for the manner in which those subsections are to apply to those employees.

Section 77HA: inserted, on 6 April 2004, by section 5 of the State Sector Amendment Act 2004 (2004 No 15).