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Employment Relations Act 2000

Continuity of employment if employees' work affected by restructuring - Specified categories of employees

69D: Meaning of new employer

You could also call this:

“This explains who counts as your new boss when your job changes hands”

In section 69I, ‘new employer’ means different things depending on the situation. When work is brought in-house (contracting in), it means the person taking on the work. For work that’s outsourced (contracting out), it’s the person taking over the work, or their subcontractor if they use one. In cases of subsequent contracting, it refers to the new contractor or their subcontractor. When a business is sold or transferred, the new employer is the person who buys or receives the business.

For the rest of this part of the law, ‘new employer’ means the person an employee can choose to work for, has chosen to work for, or has moved to work for under section 69I.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59618.

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Work and jobs > Worker rights
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Part 6A Continuity of employment if employees' work affected by restructuring
Specified categories of employees

69DMeaning of new employer

  1. In section 69I, new employer,—

  2. in relation to contracting in, means person A in the definition of that term:
    1. in relation to contracting out,—
      1. means person B in the definition of that term; but
        1. if person B subcontracts the work (whether before or at the same time as the contracting out), means the subcontractor:
        2. in relation to subsequent contracting,—
          1. means person C in the definition of that term; but
            1. if person C subcontracts the work (whether before or at the same time as the subsequent contracting), means the subcontractor:
            2. in relation to the sale or transfer of an employer's business (or part of it), means the person to whom the business (or part of it) is sold or transferred.

              1. In the rest of this subpart, new employer means the person to whom an employee—

              2. may elect or has elected to transfer under section 69I; or
                1. has transferred under that section.

                  Notes
                  • Section 69D: replaced, on , by section 40 of the Employment Relations Amendment Act 2018 (2018 No 53).