Part 11Miscellaneous provisions
Transitional provisions relating to dissolution of District Law Societies
383Employees
Where, under section 373, assets and liabilities of a District Law Society become assets and liabilities of an incorporated society or the New Zealand Law Society, then, despite any other provision of this Act,—
- as from the close of the period of 6 months beginning with the date of the commencement of section 373, each employee of the District Law Society ceases to be an employee of the District Law Society and becomes an employee of the incorporated society or the New Zealand Law Society, as the case may require, but, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of each such employee, his or her contract of employment is to be treated as unbroken and the period of his or her service with the District Law Society is to be treated as a period of service with the incorporated society or the New Zealand Law Society, as the case may require; and
- the terms and conditions of the employment of each transferred employee with the incorporated society or the New Zealand Law Society, as the case may require,—
- are, as from the close of the period of 6 months beginning with the date of the commencement of section 373 (and thereafter until varied), to be identical with the terms and conditions of his or her employment with the District Law Society immediately before the close of that period and to be capable of variation in the same manner; and
- are, subject to any enactment, law, or determination relating to those terms and conditions, also to be capable of variation in the same manner as the general terms and conditions of employment of other persons employed by the incorporated society or the New Zealand Law Society, as the case may require, are capable of variation; and
- are, as from the close of the period of 6 months beginning with the date of the commencement of section 373 (and thereafter until varied), to be identical with the terms and conditions of his or her employment with the District Law Society immediately before the close of that period and to be capable of variation in the same manner; and
- a transferred employee is not entitled to receive any payment or other benefit by reason only of his or her ceasing by virtue of this Act to be an employee of the District Law Society; and
- nothing in this Act, other than paragraph (c), affects any rights or liabilities under any provident, benefit, superannuation, or retirement fund or scheme relating to employees of the District Law Society.