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Employment Relations Act 2000

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

69FA: Employer's breach of obligations not to affect employee's rights and new employer's obligations

You could also call this:

“If your old boss breaks the rules, you still keep your rights and your new boss still has to follow the rules.”

If your employer doesn’t follow the rules set out in this part of the law, it doesn’t change your rights or the responsibilities of your new employer. This means that even if your current employer doesn’t do what they’re supposed to, you still have the same rights, and your new employer still has to follow the rules. This applies when your job is affected by changes in the business, like if the company is restructured or sold. The law wants to make sure you’re protected, no matter what your current employer does or doesn’t do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6408371.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Rights and equality > Anti-discrimination
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69F: Application of this subpart, or

“This part explains when the rules apply to workers whose jobs might change because of company changes.”

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69G: Notice of right to make election, or

“Telling employees about their right to choose a new boss when their job changes”

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

69FAEmployer's breach of obligations not to affect employee's rights and new employer's obligations

  1. To avoid doubt, any failure by an employee's employer to comply with the obligations imposed on employers by this subpart does not limit or affect the rights of an employee under this subpart or the obligations of a new employer under this subpart.

Notes
  • Section 69FA: replaced, on , by section 40 of the Employment Relations Amendment Act 2018 (2018 No 53).