Local Government (Auckland Transitional Provisions) Bill

129 Whether employees entitled to redundancy or other compensation

• (1) The following table specifies whether and to what extent an employee of an existing employer is entitled to compensation because his or her position with an existing employer has ceased to exist or his or her employer has ceased to exist:

  Employee is offered the same offered same or substantially similar position with new employer
  Employee accepts offer		(a) position is at new location		any relocation compensation payable under section 130
  		(b) position is at same location		no compensation payable
  Employee declines offer		(a) position is at different location		contractual compensation (if any) payable
  		(b) position not at different location		no compensation payable

  Employee is offered position that is not the same offered position that is not same or substantially similar
  Employee accepts offer		(a) position is at new location at same remuneration		any relocation compensation payable under section 130
  		(b) position is at new location at lower remuneration		(i) any relocation compensation payable under section 130 (ii) payment of remuneration during the 6 months beginning on 1 November 2010 (or any later date agreed to) at rate not less than rate payable to employee immediately before close of 31 October 2010
  		(c) position at same location at lower remuneration		payment of remuneration during the 6 months beginning on 1 November 2010 (or any later date agreed to) at rate not less than rate payable to employee immediately before close of 31 October 2010
  		(d) position at same location at same remuneration		no compensation payable
  Employee declines offer		–		contractual compensation (if any) payable

  Employee notified that employment terminated as at close of 31 October 2010
  –		–		contractual compensation (if any) payable

  (2) In subsection (1), offer, in relation to accepting an offer, means—

  • (a) acceptance of an offer as notified under section 125; or

  • (b) if the offer is varied by negotiation, acceptance of the offer as varied; or

  • (c) if any subsequent offer is made after the offer notified in section 125 is accepted (whether or not after negotation) or declined, acceptance of the subsequent offer.

  (3) This section applies subject to section 131.