69GNotice of right to make election

1. As soon as practicable, but no later than 20 working days before the date on which a restructuring takes effect, the employer of the employees who will be affected by the restructuring must provide the affected employees with—

2. information about whether the employees have a right to make an election under section 69I; and
3. if the employees have a right to make an election under section 69I, an opportunity to exercise that right; and
4. information sufficient for the employees to make an informed decision about whether to exercise any right to make an election; and
5. the date by which any right to make an election must be exercised, which is—
   1. the date that is 10 working days after the day on which the employees are provided with the information described in paragraphs (a) to (c); or
   2. if the employees' employer and the new employer agree to a later date, that agreed date.

6. Without limiting the information to be provided under subsection (1)(c), the information provided under that provision must include—

7. the name of the new employer:
8. the nature and scope of the restructuring:
9. the date on which the restructuring is to take effect:
10. a statement to the effect that an election—
    1. must be made in writing and signed by the employee; and
    2. may be delivered, sent by post, or sent by electronic means (for example, by fax or email) to the employee’s employer:
11. notice in writing—
    1. that employee transfer costs information and individualised employee information (as those terms are defined in section 69OB) relating to employees who elect to transfer will be provided to the new employer; and
    2. that explains that individualised employee information includes (but is not limited to) information about any disciplinary matters relating to those employees and any personal grievances raised by those employees against the employer; and
    3. that those employees are entitled to access the information, and to request correction of the information, in accordance with the Privacy Act 2020.

12. The employees' employer must send an election that complies with subsections (1)(d) and (2)(d) to the new employer as soon as practicable, but no later than 5 working days after the day on which that election is received by the employees' employer.

13. If an employee sends an election that complies with subsection (2)(d) by post or electronic means before the date described in subsection (1)(d), the employee must be treated as having exercised the employee’s right to make an election by that date.

14. If the employee’s employer sends an election to the new employer by post or electronic means before the date that is 5 working days after the day on which the employee’s employer received that election, the employee’s employer must be treated as having met the deadline specified in subsection (3).

15. If the restructuring is a contracting in or a subsequent contracting, person A in the definition that applies must give the employer sufficient notice of, and information about, the restructuring to enable the employer to comply with subsection (1).

16. In subsection (6), sufficient notice means—

17. as soon as practicable; but
18. no later than 25 working days before the date on which the restructuring takes effect.

19. An employer or other person who fails to comply with this section is liable to a penalty imposed by the Authority.

Notes

• Section 69G: replaced, on 6 May 2019, by section 40 of the Employment Relations Amendment Act 2018 (2018 No 53).
• Section 69G(2)(e)(iii): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).