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Employment Relations Act 2000

Continuity of employment if employees' work affected by restructuring - Disclosure of information relating to transfer of employees

69OD: Provision of employee transfer costs information by other persons

You could also call this:

“Others must share information about employee moving costs when asked”

If you get a request for information about employee transfer costs, you need to follow certain steps. If you don’t have all the information because the work has been given to someone else to do, you must ask that person for the information right away.

If you’re asked for information about work that you’ve given to someone else, and you don’t have all the details, you must ask the person doing the work to give you the information.

If the person doing the work has given some of it to another person, they must ask that person for the information too.

When you’re asked to provide information, you need to give it to the person who asked for it. You must do this quickly so they can pass it on in time.

If you’ve given work to someone else and they’ve given it to another person, you need to tell the person asking for information how to contact that other person.

When you give information about employee transfer costs, you need to combine all the information together. You should also try to protect the privacy of the employees when you share this information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59671.

Topics:
Work and jobs > Worker rights
Rights and equality > Privacy
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69OC: Disclosure of employee transfer costs information, or

“You can ask for information about how much it costs to move workers when a business changes hands.”

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69OE: Updating disclosure of employee transfer costs information, or

“When information about employee transfer costs changes, the person who gave it must tell everyone the new details right away.”

Part 6A Continuity of employment if employees' work affected by restructuring
Disclosure of information relating to transfer of employees

69ODProvision of employee transfer costs information by other persons

  1. Subsection (2) applies to a person who receives a request for employee transfer costs information under section 69OC(3)(a).

  2. If the request relates (whether wholly or in part) to work that has been subcontracted and the person receiving the request does not have some or all of the information requested, the person must immediately require the subcontractor to provide the information.

  3. Subsection (4) applies to a person who receives a request for employee transfer costs information under section 69OC(3)(c).

  4. If the person does not have some or all of the information requested, the person must immediately require the person who performs the work to which the request relates to provide the information.

  5. If the person who performs the work has subcontracted some or all of the work and does not have some or all of the information requested, the person must immediately require the subcontractor to provide the information.

  6. A person required to provide information—

  7. under subsection (2) or (4) must provide the information—
    1. to the person who received the request; and
      1. in time for that person to comply with section 69OC(3C):
      2. under subsection (5) must provide the information—
        1. to the person who required the information; and
          1. in time for the person who received the request to comply with section 69OC(3C).

          2. However, if the subcontractor who is required to provide the information under subsection (2) or (5) does not have some or all of the information requested because the work has been further subcontracted, the subcontractor must immediately provide to the person who required the information any details the subcontractor has about who the other subcontractor is and how to contact the other subcontractor, and (to avoid doubt) subsection (2) or (5) (as the case may require) applies accordingly.

          3. Employee transfer costs information provided under this section must be provided—

          4. in aggregate form; and
            1. to the extent practicable, in a form that protects the privacy of the employees concerned.

              Notes
              • Section 69OD: inserted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).
              • Section 69OD(6)(a)(ii): amended, on , by section 46 of the Employment Relations Amendment Act 2014 (2014 No 61).
              • Section 69OD(6)(b)(ii): amended, on , by section 46 of the Employment Relations Amendment Act 2014 (2014 No 61).