Local Government (Auckland Transitional Provisions) Bill

126 Transfer of employment positions

• (1) This section applies to—

  • (a) employees who have been notified in accordance with section 125(4) and—

    • (i) accepted an offer of the same or a substantially similar position with a new employer on and from 1 November 2010; or

    • (ii) neither accepted nor declined an offer of the same or a substantially similar position with a new employer on and from 1 November 2010; and

  • (b) employees who have been notified in accordance with section 125(4) and accepted an offer of a position that is not the same or a substantially similar position with a new employer on and from 1 November 2010; and

  • (c) employees whose employment position is subject to review under section 125, but who have received no notification in accordance with section 125(4).

  (2) Every employee referred to in subsection (1)(a) or (c) becomes an employee of his or her new employer, on and from 1 November 2010, on the same terms and conditions as applied immediately before he or she became an employee of his or her new employer.

  (3) Every employee referred to in subsection (1)(b) becomes an employee of his or her new employer, on and from 1 November 2010, on the terms and conditions notified under section 125(4)(c).

  (4) The terms and conditions of employment of an employee referred to in subsection (2) or (3) continue to apply in relation to the employee until—

  • (a) the terms and conditions are varied—

    • (i) by agreement between the employee and his or her new employer; or

    • (ii) in accordance with the employee's terms and conditions of employment; or

    • (iii) because of the application of section 61(1)(b) of the Employment Relations Act 2000; or

  • (b) the employee accepts a subsequent position with his or her new employer.

  (5) To avoid doubt, subsections (2) and (3) apply,—

  • (a) in the case of an employee bound by an applicable collective agreement, subject to section 61(1)(b) of the Employment Relations Act 2000 and, without limiting this paragraph, subject to an applicable collective agreement or variation of an applicable collective agreement that comes into force on 1 November 2010; and

  • (b) in the case of an employee not bound by an applicable collective agreement, subject to any variation in terms and conditions of employment agreed to before 1 November 2010, but to come into force on that date.

  (6) This section applies subject to an employee resigning before 1 November 2010 or his or her employment being terminated before 1 November 2010.