Part 6A
Continuity of employment if employees' work affected by restructuring
Specified categories of employees
69NEmployee who transfers may bargain for redundancy entitlements with new employer
This section applies to an employee if—
- the employee elects, under
section 69I(1), to transfer to a new employer; and
- the new employer proposes to make the employee redundant for reasons relating to the transfer of
the employees or to the circumstances arising from the transfer of the employees; and
- the employee's employment agreement—
- does not provide for redundancy entitlements for those reasons or in those circumstances;
or
- does not expressly exclude redundancy entitlements for those reasons or in those
circumstances.
- does not provide for redundancy entitlements for those reasons or in those circumstances;
or
The employee is entitled to redundancy entitlements from his or her new employer.
If an employee seeks redundancy entitlements from his or her new employer, the employee and new employer must bargain with a view to reaching agreement on appropriate redundancy entitlements.
Notes
- Section 69N: substituted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).