Employment Relations Act 2000

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

69F: Application of this subpart

You could also call this:

“This part explains when the rules apply to workers whose jobs might change because of company changes.”

This part of the law applies to you if you’re a worker in a certain group listed in Schedule 1A. It also applies if your job is changing because of a restructure. This means that you won’t be doing your current work for your employer anymore, and someone else will be doing your job or something very similar to it.

It’s important to know that this law still applies even if there’s a gap between when you stop doing the work and when the other person starts doing it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59626.

Topics:
Work and jobs > Worker rights
Business > Industry rules

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69E: Examples of contracting in, contracting out, and subsequent contracting, or

“This law explains how jobs can change when companies switch who does the work, like cleaning or cooking, and how workers can keep their jobs.”


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69FA: Employer's breach of obligations not to affect employee's rights and new employer's obligations, or

“If your old boss breaks the rules, you still keep your rights and your new boss still has to follow the rules.”

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

69FApplication of this subpart

  1. This subpart applies to an employee if—

  2. the employee is in a category specified in Schedule 1A; and
    1. as a result of a proposed restructuring,—
      1. the employee will no longer be required by the employee’s employer to perform the work performed by the employee; and
        1. the work performed by the employee (or work that is substantially similar) is to be performed by or on behalf of another person.
        2. To avoid doubt, this subpart applies even though the performance of the work by or on behalf of the other person does not begin immediately after an employee ceases to perform the work for the employee’s employer.

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