Statutory Employee Protection Provision.
10.8.1 If the employer enters into any contract or arrangement with any person (“the New Employer”) under which the whole or part of the employer’s business is undertaken for the employer by the New Employer, or if the employer sells or transfers the whole or part of its business to the New Employer, the employer will seek to raise for discussion with the New Employer prior to such restructuring the extent to which restructuring may affect staff and, where employment may be affected, advise the outcome of this to TEU.
10.8.2 Matters which the employer will seek to raise in the discussion with the New Employer will include whether or not the New Employer will make offers of employment to the employer’s staff and if so whether staff will be offered employment in the same capacity, whether the conditions of employment offered will be the same or no less favourable than the staff member’s conditions of employment and whether service with the employer will be treated as continuous service with the New Employer.
10.8.3 At the time of any such restructuring, the employer will review the contractual and statutory entitlements of any staff whose employment is affected by the restructuring but does not transfer to the New Employer, by considering the employment agreement of that staff member together with the employer’s employment policies existing at that time and the member of staff’s personnel records. Individual entitlements will be notified by the employer to TEU.
10.8.4 This clause has been inserted in this agreement because of the Employment Relations Amendment Act (No 2) 2004.
Statutory Employee Protection Provision. 13.6.1 If the Employer enters into any contract or arrangement with any person (the “New Employer”) under which the whole or part of the Employer’s business is undertaken for the Employer by the New Employer, or if the Employer sells or transfers the whole or part of its business to the New Employer, the Employer, if required by law, will:
(a) seek to raise for discussion with the New Employer prior to such restructuring the extent to which restructuring may affect Employees; and
(b) where employment may be affected, advise the outcome of this to the Union.
13.6.2 In the circumstances stated in clause 12.6.1, matters which the Employer will seek to raise in discussions with the New Employer will include:
(a) whether or not the New Employer will make offers of employment to the Employer’s Employees and if so, whether Employees will be offered employment in the same capacity;
(b) whether the conditions of employment offered will be the same or no less favourable than the Employee’s conditions of employment; and
(c) whether service with the Employer will be treated as continuous service with the New Employer.
13.6.3 At the time of any such restructuring, the Employer, if required by law, will:
(a) review the contractual and statutory entitlements of any Employee whose employment is affected by the restructuring but does not transfer to the New Employer, by considering the employment agreement of that Employee together with the Employer’s employment policies existing at the time and the Employee’s personnel records; and
(b) notify individual entitlements to the Union.
Statutory Employee Protection Provision. 37.9.1 If the employer enters into any contract or arrangement with any person (the New Employer) under which the whole or part of the employer’s business is undertaken for the employer by the new employer, or if the employer sells or transfers the whole or part of its business to the new employer, the employer, if required by law, will:
(i) Seek to raise for discussion with the new employer prior to such restructuring the extent to which restructuring may affect employees; and
(ii) Where employment may be affected, advise the outcome of this to the Union.
37.9.2 In the circumstances stated in clause 36.9.1, matters which the employer will seek to raise in discussions with the new employer will include:
(i) Whether or not the new employer will make offers of employment to the employer’s employees and if so, whether employees will be offered employment in the same capacity;
(ii) Whether the conditions of employment offered will be the same or no less favourable than the employee’s conditions of employment; and
(iii) Whether service with the employer will be treated as continuous service with the new employer.
37.9.3 At the time of any such restructuring, the employer, if required by law, will:
(i) review the contractual and statutory entitlements of any employee whose employment is affected by the restructuring but does not transfer to the new employer, by considering the employment agreement of that employee together with the employer’s employment policies existing at the time and the employee’s personnel records; and
(ii) Notify individual entitlements to the Union.
Statutory Employee Protection Provision. 38.1 Where Aotea Pathology is contracting out; or, does not continue in whole or part as the community pathology laboratory within its current contractual boundaries; or, is selling or transferring all or part of the business, including the part of the business where the employee is employed, the following provisions will apply:
(i) Where practicable, employees will be consulted about any proposal to sell all or part of the business or to contract out or transfer work before a final decision is made. If this is not reasonably practicable employees will be consulted without delay thereafter.
(ii) Aotea Pathology will seek to negotiate with the new employer with a view to endeavouring for them to offer employment on the same or similar terms and conditions and recognising service as continuous. Employees will be advised of timeframes for the acceptance of any offer of employment or of any application and interview process, as soon as possible.
(iii) Employees are entitled to choose whether or not to accept employment with the new employer. In the event that the new employer offers an employee employment in terms of clause (ii) above, no redundancy situation is deemed to arise. Unless it is otherwise agreed with the employee, he/she will be entitled to four weeks’ notice of termination of employment with Aotea Pathology (which is not in addition to any other notice period specified within this agreement).
(iv) In the event that the contractor/service provider is not prepared to offer an employee employment in terms of clause (ii) above, or offers employment on lesser terms and conditions and/or without recognition of his/her service, it will be deemed to be a redundancy situation and the employee will receive four weeks’ notice of termination (which is not in addition to any other notice period specified in this agreement).
38.2 This clause has been inserted in this agreement because of the Employment Relations Amendment Act (No.
Statutory Employee Protection Provision. If the employer enters into any contract or arrangement with any person (the New Employer) under which the whole or part of the employer’s business is undertaken for the employer by the new employer, or if the employer sells or transfers the whole or part of its business to the new employer, the employer, if required by law, will”
Statutory Employee Protection Provision. If the employer enters into any contract or arrangement with any person (“the new employer”) under which all or part of the employer’s business is contracted out, sold or transferred to a new employer, the employer will seek to raise for discussion with the new employer prior to such restructuring the extent to which restructuring may affect employees and, where employment may be affected, advise the outcome of this to employees who are potentially affected. Matters which the employer will seek to raise in discussion with the new employer will include whether or not the new employer will make offers of employment to the existing employees and if so, whether employees will be offered employment, and if so, whether the offers will be made on terms which are generally no less favourable than the employees’ existing terms and conditions, including service related conditions.
