69OBInterpretation

1. In this subpart,—

   employee transfer costs information, in relation to a proposed restructuring,—

   1. means information about employment-related entitlements of the employees who would be eligible to elect, under section 69I, to transfer to a new employer if the proposed restructuring were to proceed and the new employer were not an exempt employer; and
   2. includes—
      1. the number of employees who would be eligible to make an election; and
      2. the wages or salary payable in a stated period (for example, a week, fortnight, or month) to the employees for performing the work that would be subject to the proposed restructuring; and
      3. the total number of hours the employees spend in a stated period (for example, a week, fortnight, or month) performing the work that would be subject to the proposed restructuring; and
      4. the cost of service-related entitlements of the employees, whether legislative or otherwise; and
      5. the cost of any other entitlements of the employees in their capacity as employees, including any entitlements already agreed but not due until a future date or time

   individualised employee information—

   1. means information about an employee kept by the employee’s employer for employment-related purposes, including—
      1. any personnel records relating to the employee; and
      2. information about any disciplinary matters relating to the employee; and
      3. information about any personal grievances raised by the employee against the employer; and
      4. information about an employee that the employee’s employer is required to keep under this Act or any other enactment, for example,—
         1. the employee’s individual employment agreement, the current terms and conditions of employment that make up the employee’s individual terms and conditions of employment, or the relevant collective agreement (as the case may be); and
         2. a copy of the wages and time record; and
         3. a copy of the holiday and leave record; and
         4. a copy of the employee’s tax code declaration; and
         5. details of any employer contribution (as defined in section 4(1) of the KiwiSaver Act 2006) and any deductions of contributions from the employee’s wages for the purposes of the KiwiSaver Act 2006; and
         6. details of any deductions from the employee’s wages made under section 36 of the Student Loan Scheme Act 2011; and
         7. details of any deductions from the employee’s wages made under Part 10 of the Child Support Act 1991; but
   2. does not include any information about the employee that is subject to a statutory or contractual requirement to maintain confidentiality.

2. Any term or expression defined in subpart 1 and used but not defined in this subpart has the same meaning as in subpart 1.

Notes

• Section 69OB: inserted, on 13 December 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).
• Section 69OB(1): replaced, on 6 March 2015, by section 44 of the Employment Relations Amendment Act 2014 (2014 No 61).