Employment Relations Amendment Act 2014

47 New section 69OEA inserted (Disclosure of individualised employee information)
  • After section 69OE, insert:

    69OEA Disclosure of individualised employee information
    • (1) This section applies if an employee elects to transfer under section 69I to a new employer.

      (2) The employee’s employer must provide the new employer with individualised employee information about the employee.

      (3) The employee's employer must provide the individualised employee information—

      • (a) as soon as practicable; but

      • (b) no later than—

        • (i) the date on which the restructuring takes effect; or

        • (ii) any later date agreed to by the employee's employer and the new employer.

      (4) Subsection (5) applies if—

      • (a) individualised employee information has been provided under subsection (2); and

      • (b) after the provision of the information, there is a change in the matters or circumstances that the information relates to; and

      • (c) the change makes the information provided out of date.

      (5) The employee’s employer must, immediately after the change in the matters or circumstances, provide the new employer with the information details, specifying—

      • (a) the information that is out of date; and

      • (b) what the up-to-date information is.

      (6) Every employer who fails to comply with subsections (2) to (5) is liable to a penalty imposed by the Authority.

      (7) To avoid doubt, the new employer may keep, use, or disclose individualised employee information only in accordance with the Privacy Act 1993.