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Electricity Industry Act 2010

Miscellaneous - Transitional and consequential provisions - Dissolution of Electricity Commission

137: Transferred employees

You could also call this:

“Rules for employees moving from the Electricity Commission to the Authority”

When you move from working for the Electricity Commission to the Authority, your job terms and conditions stay the same at first. These can change if you and the Authority agree to new terms, or if you take a new job with the Authority.

Your job is treated as continuing without a break. The time you worked for the Electricity Commission, and any other work time they counted, is now counted as time working for the Authority. This is important for things like your rights and benefits at work.

This job change doesn’t count as new employment for KiwiSaver purposes.

You won’t get any extra money or benefits just because your old job ended or changed. This applies if you get a suitable new job with the Authority, or if you’re offered a good job by the Authority or some other government organisations like the Commerce Commission or the Ministry. But this offer must be made between when this law was approved and either 1 January 2011 or when you stop working for the Authority, whichever comes first. The new job must start on or after the date this law begins.

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Topics:
Business > Industry rules Work and jobs > Worker rights
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Part 5 Miscellaneous
Transitional and consequential provisions: Dissolution of Electricity Commission

137Transferred employees

  1. The terms and conditions of employment of a transferred employee immediately before the commencement date continue to apply in relation to that employee until—

  2. those terms and conditions are varied by agreement between the transferred employee and the Authority; or
    1. the transferred employee accepts a subsequent appointment with the Authority.

      1. For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—

      2. the employment agreement of that employee is to be treated as unbroken; and
        1. the employee’s period of service with the Electricity Commission, and every other period of service of that employee that is recognised by the Electricity Commission as continuous service, is to be treated as a period of service with the Authority.

          1. To avoid doubt, the employment of a transferred employee by the Authority does not constitute new employment for the purposes of the KiwiSaver Act 2006.

          2. A transferred employee is not entitled to receive any payment or benefit from the Electricity Commission or the Authority on the grounds that the person's position in the Electricity Commission or Authority has ceased to exist, or the person has ceased to be an employee of the Electricity Commission as a result of the transfer to the Authority, if—

          3. the employee is transferred to a suitable alternative position with the Authority; or
            1. the person is offered a suitable alternative position by the Authority, the Commerce Commission, the Energy Efficiency and Conservation Authority, Transpower, or the Ministry, and—
              1. the offer is made in the period between the date on which this Act receives the Royal assent and the earlier of 1 January 2011 and the date on which the person's employment with the Authority ceases; and
                1. the offer is made for employment that commences on or after the commencement date.

                Compare
                • 2008 No 47 Schedule 2 cl 31