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69ABK: Limitation on challenging employer
or “You can only argue with your boss about saying no to your request in certain situations.”

You could also call this:

“This part of the law aims to protect certain workers when their job changes hands to a new boss.”

This part of the law aims to protect certain groups of workers when their job is going to be done by someone else because of changes in the business. These groups are listed in Schedule 1A. The law includes these workers because their jobs often change hands, their work conditions can be at risk when this happens, and they don’t have much power to negotiate.

The protection this law gives means that if your job is affected, you can choose to work for the new person or company on the same terms as before. If you do move to the new job and then get made redundant because of the change, you have the right to try to get redundancy pay. If you and the new employer can’t agree on the redundancy pay, you can ask the Employment Relations Authority to decide for you.

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Next up: 69B: Interpretation

or “This section explains the meaning of important words and ideas used in the rules about keeping your job when your work changes.”

Part 6A Continuity of employment if employees' work affected by restructuring
Specified categories of employees

69AObject of this subpart

  1. The object of this subpart is to provide protection to specified categories of employees if, as a result of a proposed restructuring, their work is to be performed by another person.

  2. The categories of employees—

  3. are the categories of employees specified in Schedule 1A; and
    1. are specified in Schedule 1A because they are employees—
      1. who are employed in sectors in which restructuring of an employer's business occurs frequently; and
        1. whose terms and conditions of employment tend to be undermined by the restructuring of an employer's business; and
          1. who have little bargaining power.
          2. The protection conferred by this subpart gives—

          3. the employees a right to elect to transfer to the other person as employees on the same terms and conditions of employment; and
            1. the employees who have transferred a right,—
              1. subject to their employment agreements, to bargain for redundancy entitlements from the other person if made redundant by the other person for reasons relating to the transfer of the employees or to the circumstances arising from the transfer of the employees; and
                1. if redundancy entitlements cannot be agreed with the other person, to have the redundancy entitlements determined by the Authority.
                2. Repealed
                Notes
                • Section 69A: replaced, on , by section 31 of the Employment Relations Amendment Act 2014 (2014 No 61).
                • Section 69A(4): repealed, on , by section 38 of the Employment Relations Amendment Act 2018 (2018 No 53).