Entitlements of non transferring employees Where, following the negotiations with the new employer, a Transaction is to take place, and the employee is either not offered employment with the new employer or the employee has declined an offer of employment, the following process will apply:
Entitlements of non transferring employees Where, following the negotiations with the new employer, the transaction is to take place, and an individual employee covered by this agreement either is not offered employment with the new employer or has declined an offer of employment, the following process will apply: • where no offer of employment is made by the new employer, Oranga Tamariki will explore redeployment and other options to avoid redundancy for the employee and will endeavour to identify a similar role for the employee with Oranga Tamariki on not generally less favourable terms of employment than those contained in this agreement. If such a role is identified for an employee and they are offered such a role, where the employee declines it, they will be made redundant without compensation; and • where an offer of employment is made by the new employer on terms that avoid the need to pay redundancy compensation under clause 9.4 of this agreement but the employee declines such an offer, they will be made redundant and will not be entitled to any redundancy compensation; and • where the employee is made an offer of employment by the new employer on terms and conditions that do not satisfy the provisions in section 11, the employee will be entitled to decline the offer and receive redundancy compensation and any other entitlements in accordance with the terms of this agreement. However, if the employee accepts such an offer, they will not be entitled to redundancy compensation. Note: Nothing in the above clause applies where the employee’s employment is transferred within the Public Sector pursuant to the terms of the Public Service Act 2020.
