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Public Service Act 2020

People working in public service - Public service workforce - Other employment provisions

86: Power to transfer employees between public service agencies

You could also call this:

"Moving jobs within the government: your rights if your job is transferred to another agency"

If you work for a public service agency and its jobs are moved to another agency, you might be transferred to the new agency. You can be transferred if the new job has the same duties and is in a similar location. Your new job must have the same or better pay and conditions as your old job. The people in charge must talk to you about the transfer before it happens.

If you are transferred, it will be like you never stopped working for the government, so your service will be continuous. If you move from one department to another, section 91 will apply to you. This rule is more important than some rules in the Employment Relations Act 2000, specifically Part 6A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356921.

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Part 3People working in public service
Public service workforce: Other employment provisions

86Power to transfer employees between public service agencies

  1. This section applies if there is a transfer of functions from one public service agency (agency A) to another public service agency (agency B).

  2. The chief executive or board of agency A may in consultation with the chief executive or board of agency B, and subject to the relevant employment agreements, transfer any public service employee who was carrying out the relevant functions in agency A to a position in agency B, if the position in agency B—

  3. consists of the same duties and responsibilities as those of the employee’s position in agency A immediately before the transfer; and
    1. is in substantially the same general locality or a locality within reasonable commuting distance; and
      1. is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
        1. is on terms that treat service within the State services as if it were continuous service.

          1. Before transferring an employee under this section, the chief executive or board must consult with the employee about the proposed transfer.

          2. Section 91 applies to an employee who is transferred under this section if the employee is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

          3. This section overrides Part 6A of the Employment Relations Act 2000.