Common use of STAFF SURPLUS Clause in Contracts

STAFF SURPLUS. 27.1 The parties acknowledge that Section 69N of the Employment Relations Act requires all employment agreements to contain provisions in relation to the protection of employees where the employer's business is restructured. It is agreed that these provisions exist within the Management of Change provisions of this Agreement and in addition by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 27.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 27.2 Where an employee 's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 27.2.1 The person acquiring the business or the part being sold or transferred: (a) has offered the employee employment in the business or the part being sold or transferred; and (b) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and 27.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) any service related conditions; and (b) any conditions relating to redundancy; and (c) any conditions relating to superannuation - under the employment being terminated; and 27.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) in the same capacity as that in which the employee was employed by the employer; or (b) in any capacity that the employee is willing to accept.

STAFF SURPLUS. for Medlab South employees (including at Canterbury site) as at 18 October 2013, SCL-Code employees and employees of CCDHB or HDHB as at 31 October 2015: 27.1 The parties acknowledge that Section 69N of the Employment Relations Act requires all employment agreements to contain provisions in relation to the protection of employees where the employer's business is restructured. It is agreed that these provisions exist within the Management of Change provisions of this Agreement and in addition by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 27.5 subclause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 27.2 Where an employee employee's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 27.2.1 (a) The person acquiring the business or the part being sold or transferred:transferred – (ai) has offered the employee employment in the business or the part being sold or transferred; and (bii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and 27.2.2 (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (ai) any service related conditions; and (bii) any Any conditions relating to redundancy; and (ciii) any conditions relating to superannuation - under the employment being terminated; and 27.2.3 (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (ai) in In the same capacity as that in which the employee was employed by the employerEmployer; or (bii) in In any capacity that the employee is willing to accept.

STAFF SURPLUS. 27.1 28.1 The parties acknowledge that Section 69N of the Employment Relations Act requires all employment agreements to contain provisions in relation to the protection of employees where the employer's business is restructured. It is agreed that these provisions exist within the Management of Change provisions of this Agreement and in addition by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 27.5 28.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 27.2 28.2 Where an employee 's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 27.2.1 28.2.1 The person acquiring the business or the part being sold or transferred: (a) has offered the employee employment in the business or the part being sold or transferred; and (b) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and 27.2.2 28.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) any service related conditions; and (b) any conditions relating to redundancy; and (c) any conditions relating to superannuation - under the employment being terminated; and 27.2.3 28.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) in the same capacity as that in which the employee was employed by the employer; or (b) in any capacity that the employee is willing to accept.

STAFF SURPLUS. 27.1 The parties acknowledge that Section 69N of the Employment Relations Act requires all employment agreements to contain provisions in relation to the protection of employees where the employer's business is restructured. It is agreed that these provisions exist within the Management of Change provisions of this Agreement and in addition by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 27.5 28.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee. 27.2 Where an employee 's employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer's business, nothing in this Agreement shall require the employer to pay compensation for redundancy to the employee if: 27.2.1 The person acquiring the business or the part being sold or transferred: (a) has offered the employee employment in the business or the part being sold or transferred; and (b) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and 27.2.2 The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee's conditions of employment, including: (a) any service related conditions; and (b) any conditions relating to redundancy; and (c) any conditions relating to superannuation - under the employment being terminated; and 27.2.3 The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (a) in the same capacity as that in which the employee was employed by the employer; or (b) in any capacity that the employee is willing to accept.