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Employment Relations Act 2000

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

69O: Authority may investigate bargaining and determine redundancy entitlements

You could also call this:

"The law says a special group can help decide what workers get if they lose their job because of big changes at work."

If you and your new employer can't agree on redundancy entitlements, either of you can ask the Authority to look into your negotiations. The Authority is a group that helps solve workplace problems.

After looking into your case, the Authority will decide what should happen next. They might say you should keep talking and tell you how to do that. Or, if they think more talking won't help, they'll decide what redundancy entitlements you should get.

When the Authority is figuring out your redundancy entitlements, they can think about different things. These might include:

  • What your work contract says about redundancy in other situations
  • How long you've worked for your old and new employers
  • How much warning you got about losing your job
  • Whether your new employer can afford to pay redundancy
  • How likely it is that you'll find another job
  • Anything else they think is important

The Authority will use these things to help them make a fair decision about your redundancy entitlements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59654.

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

69OAuthority may investigate bargaining and determine redundancy entitlements

  1. If an employee and his or her new employer fail to agree on redundancy entitlements under section 69N(3), the employee or new employer may apply to the Authority to investigate the bargaining relating to the matter.

  2. After concluding the investigation, the Authority must determine—

  3. if, in the Authority's view, it is possible for the bargaining to continue, how further bargaining should occur; or
    1. if, in the Authority's view, further bargaining is not warranted, the redundancy entitlements due to an employee.

      1. In determining the redundancy entitlements under subsection (2)(b), the Authority may take into account 1 or more of the following matters:

      2. the redundancy entitlements (if any) provided in the employee's employment agreement for redundancy in circumstances other than restructuring:
        1. the employee's length of service with his or her previous employer and new employer:
          1. how much notice of the redundancy the employee has received:
            1. the ability of the new employer to provide redundancy entitlements:
              1. the likelihood of the employee being re-employed or obtaining employment with another employer:
                1. any other relevant matter that the Authority thinks fit.

                  Notes
                  • Section 69O: substituted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).