Part 6A Continuity of employment if employees’ work affected by restructuring

Part 6A: substituted, on 14 September 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).

Subpart 1—Specified categories of employees

Subpart 1: substituted, on 14 September 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).

69A Object of this subpart

(1)

The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person.

(2)

The categories of employees—

(a)

are the categories of employees specified in Schedule 1A; and

(b)

are specified in Schedule 1A because they are employees—

(i)

who are employed in sectors in which restructuring of an employer’s business occurs frequently; and

(ii)

whose terms and conditions of employment tend to be undermined by the restructuring of an employer’s business; and

(iii)

who have little bargaining power.

(3)

The protection conferred by this subpart gives—

(a)

the employees a right to elect to transfer to the other person as employees on the same terms and conditions of employment; and

(b)

the employees who have transferred a right,—

(i)

subject to their employment agreements, to bargain for redundancy entitlements from the other person if made redundant by the other person for reasons relating to the transfer of the employees or to the circumstances arising from the transfer of the employees; and

(ii)

if redundancy entitlements cannot be agreed with the other person, to have the redundancy entitlements determined by the Authority.

(4)

The protection provided by this subpart does not apply if the other person who is to perform the employees’ work is an exempt employer.

Section 69A: replaced, on 6 March 2015, by section 31 of the Employment Relations Amendment Act 2014 (2014 No 61).