Part 3People working in public service
Public service workforce: Other employment provisions
88Other restrictions on redundancy payments
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—
- 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—
- begins before, on, or immediately after the date on which the employee’s current position ends; and
- is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
- is on terms that treat service within the State services as if it were continuous service; or
- begins before, on, or immediately after the date on which the employee’s current position ends; and
- 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—
- begins before, on, or immediately after the date on which the employee’s current position ends; and
- is a position with comparable duties and responsibilities to those of the employee’s current position; and
- is in substantially the same general locality or a locality within reasonable commuting distance; and
- is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
- is on terms that treat service within the State services as if it were continuous service.
- begins before, on, or immediately after the date on which the employee’s current position ends; and
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.
This section overrides Part 6A of the Employment Relations Act 2000.
Compare
- 1988 No 20 s 61A