Human Rights Act 1993

Miscellaneous provisions - Proceedings Commissioner

148K: Transfer of employees from Commission to Office

You could also call this:

"Changing jobs from the Commission to the Human Rights Office"

Illustration for Human Rights Act 1993

You can move from the Commission to the Office of Human Rights Proceedings. You keep the same terms and conditions as before. The Commission and the Office must talk to you about this first. When you move, your job contract is not broken. Your time working for the Commission counts as time working for the Office. This includes any other time the Commission says you worked for them. If you move to the Office, you do not get any extra money just because your old job at the Commission does not exist anymore. You also do not get any extra money just because you are no longer working for the Commission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305741.

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Part 7Miscellaneous provisions
Proceedings Commissioner

148KTransfer of employees from Commission to Office

  1. The Commission and the Office of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Office of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.

  2. For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—

  3. the contract of employment of that employee is taken to have been unbroken; and
    1. the employee's period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Office of Human Rights Proceedings.
      1. An employee of the Commission who is transferred to the Office of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because—

      2. the position held by the employee with the Commission has ceased to exist; or
        1. the person has ceased (as a result of the transfer) to be an employee of the Commission.
          Notes
          • Section 148K: inserted, on , by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).