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Legal Services Act 2011

Transitional and savings provisions, amendments to other enactments, and repeals - Transitional arrangements for transfer of Legal Services Agency to Ministry of Justice

123: Restriction of compensation for technical redundancy

You could also call this:

"No payment if you get a similar job after yours is replaced due to law changes"

Illustration for Legal Services Act 2011

You work for the Legal Services Agency. Your job stops existing because of changes made by the Legal Services Act 2011. You are not entitled to a payment if you get a similar job at the Ministry. This similar job must be the same or very similar to your old job, with the same or better conditions. You get a similar job at the Ministry if it is the same position and has the same or better conditions as your old job. This includes things like superannuation and redundancy conditions. Your old service is also recognised as if you had been working for the Ministry the whole time. If you agree to take a different job at the Ministry, you are not entitled to a payment either. This is because you have chosen to take a new job, even if it is not the same as your old one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142974.

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Part 4Transitional and savings provisions, amendments to other enactments, and repeals
Transitional arrangements for transfer of Legal Services Agency to Ministry of Justice

123Restriction of compensation for technical redundancy

  1. An employee of the Legal Services Agency is not entitled to receive any payment or other benefit from the Legal Services Agency or the Ministry on the ground that his or her position with the Legal Services Agency has ceased to exist if—

  2. the position ceases to exist as a result of changes made by this Act; and
    1. in connection with the transfer of employees under this Act,—
      1. the transfer of the employee would result in substantially equivalent employment in the Ministry (whether or not the employee consents to the transfer); or
        1. the employee consents to a transfer that will result in other employment in the Ministry.

        2. In this section, substantially equivalent employment to the employee's employment with the Legal Services Agency is employment in the Ministry that is—

        3. in substantially the same position; and
          1. on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
            1. on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the Ministry.