Part 6A
Continuity of employment if employees' work affected by restructuring
Disclosure of information relating to transfer of employees
69OCDisclosure of employee transfer costs information
A request for the disclosure of employee transfer costs information may be made either—
- where—
- disclosure is sought for the purpose of—
- deciding whether to terminate an agreement or let it expire; or
- negotiating an agreement; or
- deciding whether to enter into an agreement; or
- tendering for an agreement; and
- deciding whether to terminate an agreement or let it expire; or
- a restructuring would result if the agreement were to be—
- terminated or to expire; or
- concluded; or
- entered into; or
- awarded; or
- terminated or to expire; or
- disclosure is sought for the purpose of—
- where—
- the restructuring referred to in paragraph (a)(ii) is a contracting out or a subsequent
contracting; and
- a subcontractor is engaged, before or at the same time as the restructuring, to perform the
work, or some of the work, affected by the restructuring.
- the restructuring referred to in paragraph (a)(ii) is a contracting out or a subsequent
contracting; and
The persons who may make the request are—
- the persons who would (if they were parties to the restructuring and the restructuring were to
proceed) be—
- person A in a contracting in:
- person B in a contracting out:
- person C in a subsequent contracting:
- the person to whom an employer’s business (or part of it) is sold or transferred:
- person A in a contracting in:
- the persons who would (if the restructuring were to proceed and if the work were to be
subcontracted before or at the same time as the restructuring) be—
- a subcontractor engaged to perform the work for person B in a contracting out:
- a subcontractor engaged to perform the work for person C in a subsequent contracting.
- a subcontractor engaged to perform the work for person B in a contracting out:
-
The persons to whom a request may be made are the persons who would, if the restructuring were to proceed and they were parties to the restructuring, be—
- person B in the definition of contracting in:
- person A in the definition of contracting out:
- person A in the definition of subsequent contracting:
- the seller or transferor in the case of the sale or transfer of an employer's business (or part
of it).
-
-
A person to whom a request is made for a purpose described in subsection (1)(a) must provide the information in sufficient time for the person who made the request to take the information into account for that purpose.
A person to whom a request is made under subsection (3) must provide to the person who made the request under subsection (2) employee transfer costs information that relates to the proposed restructuring.
-
Employee transfer costs information provided under this section must be provided—
- in aggregate form; and
- to the extent practicable, in a form that protects the privacy of the employees concerned.
-
Notes
- Section 69OC: inserted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).
- Section 69OC(1): replaced, on , by section 45(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 69OC(2): replaced, on , by section 45(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 69OC(2A): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
- Section 69OC(3A): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
- Section 69OC(3B): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
- Section 69OC(3C): inserted, on , by section 45(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 69OC(5): repealed, on , by section 45(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 69OC(7): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).