Public Service Act 2020

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

88: Other restrictions on redundancy payments

You could also call this:

"When you might not get a redundancy payment if you lose your public service job"

If you are a public service employee and your job is ending because it is no longer needed, you might not get a redundancy payment. This can happen if you are offered another job in the State services before your current job ends. The new job must start at the same time your current job ends, or very soon after. The new job must also have the same or better terms and conditions, including what happens if you are made redundant again or when you retire. You will also not get a redundancy payment if you are offered a different job in the State services that has similar duties and is in a similar location, and you accept it.

If you move to a new job in a different department, Section 91 will apply to you. This rule is more important than some rules in the Employment Relations Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356922.


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

88Other restrictions on redundancy payments

  1. A public service employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—

  2. is offered and accepts another position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
    1. begins before, on, or immediately after the date on which the employee’s current position ends; 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; or
        2. is offered an alternative position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
          1. begins before, on, or immediately after the date on which the employee’s current position ends; and
            1. is a position with comparable duties and responsibilities to those of the employee’s current position; 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.
                  2. Section 91 applies to an employee who (being an employee to whom subsection (1)(a) applies) 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.

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