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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

69OEA: Disclosure of individualised employee information

You could also call this:

“The law says when an employee changes jobs, their old boss must tell their new boss important things about them.”

If you choose to transfer to a new employer when your work is affected by restructuring, your current employer must share your personal work information with the new employer. They need to do this as soon as they can, but no later than when the restructuring happens or a later date if both employers agree.

If your information changes after it’s been shared, your current employer must tell the new employer right away. They need to say what information is now out of date and provide the new, correct information.

Your current employer can get in trouble if they don’t share this information properly. The Employment Relations Authority can give them a penalty.

The new employer can only use your personal work information in ways that follow the Privacy Act 2020. This means they have to be careful with your information and use it properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6406686.

Topics:
Work and jobs > Worker rights
Rights and equality > Privacy
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Part 6A Continuity of employment if employees' work affected by restructuring
Disclosure of information relating to transfer of employees

69OEADisclosure of individualised employee information

  1. This section applies if an employee elects to transfer under section 69I to a new employer.

  2. The employee’s employer must provide the new employer with individualised employee information about the employee.

  3. The employee's employer must provide the individualised employee information—

  4. as soon as practicable; but
    1. no later than—
      1. the date on which the restructuring takes effect; or
        1. any later date agreed to by the employee's employer and the new employer.

        2. Subsection (5) applies if—

        3. individualised employee information has been provided under subsection (2); and
          1. after the provision of the information, there is a change in the matters or circumstances that the information relates to; and
            1. the change makes the information provided out of date.

              1. The employee’s employer must, immediately after the change in the matters or circumstances, provide the new employer with the information details, specifying—

              2. the information that is out of date; and
                1. what the up-to-date information is.

                  1. Every employer who fails to comply with subsections (2) to (5) is liable to a penalty imposed by the Authority.

                  2. To avoid doubt, the new employer may keep, use, or disclose individualised employee information only in accordance with the Privacy Act 2020.

                  Notes
                  • Section 69OEA: inserted, on , by section 47 of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 69OEA(7): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).