Continuity of Employment in Restructuring. (a) For the purpose of this provision, restructuring, in relation to the Ministry’s business:
Continuity of Employment in Restructuring. 1. For the purpose of this provision:
a. Restructuring, in relation to a Kindergarten Association’s business means:
i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or
ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person.
b. Restructuring, in relation to a Kindergarten Association’s business does not include:
i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation.
c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then:
i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below;
ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements).
iii. the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; • the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a Collective Agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mo...
Continuity of Employment in Restructuring. 4.5.1 The purpose of this provision is to provide protection for the employment of employees (other than employees to whom Schedule 1A of the Employment Relations Xxx 0000 applies) if the Ministry is restructured as a result of:
a) entering into a contract or arrangement under which the Ministry’s functions (or part of those functions) are undertaken for the Ministry by another person; or
b) selling or transferring the Ministry’s functions (or part of those functions) to another employer.
4.5.2 The process to be followed in negotiating with a new employer about the restructuring in relation to affected employees shall be as follows:
a) If the Ministry is being, or is proposed to be restructured and, as a result of that restructuring, the work being performed by any affected employees of the Ministry is, or is to be, performed by a new employer, then the following provisions will apply:
i. In accordance with the principles outlined in 4.2, where it is identified that there will be an impact on NZEI members as a result of a specific proposal to restructure, the Ministry will inform the National Secretary of NZEI at the earliest opportunity. The Ministry will provide copies of the information outlined in 4.5.2(a)(i) and (ii) to the National Secretary of NZEI. ii Within a reasonable period prior to the restructuring taking effect, the Ministry will notify the new employer of the number of affected employees and provide details of the work currently performed by those employees together with details of the terms and conditions of their employment (including the total remuneration of each affected employee, length of service and any accrued benefits or entitlements);
Continuity of Employment in Restructuring. (a) For the purpose of this provision restructuring, in relation to a Kindergarten Association’s business:
(i) means: • entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or • selling or transferring the Kindergarten Association’s business (or part of it) to another person; but
(ii) to avoid doubt does not include: • the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation.
(b) Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected employees of the Kindergarten Association would be performed by a new employer, then:
(i) in accordance with the principles outlined in 2.7(a) the Kindergarten Association will inform the NZEI at the earliest opportunity, and as soon as is practicable will provide the NZEI with copies of the information outlined in b(ii) below;
(ii) within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected employees and, in relation to each affected employee, provide details of; • the work currently being performed by those employees; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements).
(iii) the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected employees may be offered employment with the new employer; • the terms and conditions of employment on which the affected employees may be offered employment on those conditions (including whether the affected employees will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a collective agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected employees who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected employees and the mode of acceptance.
(iv) the Kindergarten Association will also ende...
Continuity of Employment in Restructuring. 1. For the purpose of this provision:
a. Restructuring, in relation to a Kindergarten Association’s business means:
i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or
ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person.
b. Restructuring, in relation to a Kindergarten Association’s business does not include:
i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation.
c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then:
i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below; ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements).
