Common use of Technical Redundancy Clause in Contracts

Technical Redundancy. 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: 26.1 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 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 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.

Technical Redundancy. 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 agreement shall require the employer to pay compensation for redundancy to the employee if: 26.1 (a) The person acquiring the business or the part being sold or transferredtransferred - (ai) Has has offered the employee employment in the business or the part being sold or transferred; and (bii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and (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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under - under the employment being terminated; and and (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 Employer; , or (bii) In in any capacity that the employee is willing to accept. (d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.

Technical Redundancy. 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: 26.1 23.1 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 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 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.

Technical Redundancy. 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 agreement shall require the employer to pay compensation for redundancy to the employee if: 26.1 a) The person acquiring the business or the part being sold or transferred: (ai) Has has offered the employee employment in the business or the part being sold or transferred; and (bii) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and the and 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 favorable than, the employee's conditions of employment, including: (ai) Any any service related conditions; : and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under - under the employment being terminated; and and 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 Employer; , or (bii) In in any capacity that the employee is willing to accept. d) Where the person acquiring the business does not offer the employee employment on the basis of a, b and c above, the employee will have full access to the staff surplus provisions.

Technical Redundancy. 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: 26.1 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 the and (c) 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 conditions relating to redundancy; and (ciii) Any conditions relating to superannuation Under under the employment being terminated; and and (d) 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 the same capacity as that in which the employee was employed by the Employeremployer; or (bii) In any capacity that the employee is willing to accept.

Technical Redundancy. 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: 26.1 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 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 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.

Technical Redundancy. 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: 26.1 35.1 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 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 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.

Technical Redundancy. 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: 26.1 24.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and and (c) 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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under under the employment being terminated; and The and (d) 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.

Technical Redundancy. 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: 26.1 27.1 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 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 service-related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and 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 Employeremployer; or (b) In any capacity that the employee is willing to accept.

Technical Redundancy. ‌ 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: 26.1 24.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and and (c) 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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under under the employment being terminated; and The and (d) 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.

Technical Redundancy. 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: 26.1 : 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 soldor 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 and c) 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) i. Any service related conditions; and (b) ii. Any conditions relating to redundancy; and (c) iii. Any conditions relating to superannuation Under the employment being terminated; and and d) 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 i. in the same capacity as that in which the employee was employed by the Employeremployer; or (b) In ii. in any capacity that the employee is willing to accept.

Technical Redundancy. 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: 26.1 34.1 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 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 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.

Technical Redundancy. 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: 26.1 35.1 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 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 service-related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation Under the employment being terminated; and 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.

Technical Redundancy. 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: 26.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and and (c) 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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under under the employment being terminated; and The and (d) 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.

Technical Redundancy. 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: 26.1 25.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and and (c) 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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under under the employment being terminated; and The and (d) 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.

Technical Redundancy. 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: 26.1 24.1 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 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 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.

Technical Redundancy. 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: 26.1 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 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 service-related conditions; and (b) Any conditions relating to redundancy; and (c) Any conditions relating to superannuation superannuation. Under the employment being terminated; and 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.

Technical Redundancy. 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: 26.1 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 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 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 Employeremployer; or (b) In any capacity that the employee is willing to accept.

Technical Redundancy. ‌ 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: 26.1 The person acquiring the business or the part being sold or transferred (a) Has has offered the employee employment in the business or the part being sold or transferred; and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and and (c) 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 any service related conditions; and (bii) Any any conditions relating to redundancy; and (ciii) Any any conditions relating to superannuation Under under the employment being terminated; and The and (d) 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.

Technical Redundancy. 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: 26.1 a) The person acquiring the business or the part being sold or 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 and 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 conditions relating to redundancy; and (ciii) Any conditions relating to superannuation Under under the employment being terminated; and and 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 the same capacity as that in which the employee was employed by the Employer; or (bii) In any capacity that the employee is willing to accept.

Technical Redundancy. 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: 26.1 25.1 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 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 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.

Technical Redundancy. ‌ Where an employee's employment is being terminated by the employer Lakes DHB by reason of the sale or transfer of the whole or part of the employer's Lakes DHB’s business, nothing in this Agreement shall will require the employer Lakes DHB to pay compensation for redundancy to the employee if: 26.1 31.1 The person acquiring the business or the part being sold or transferred (a) Has : has offered the employee employment in the business or the part being sold or transferred; and (b) Has and has agreed to treat service with the employer Lakes DHB as if it were service with that person and as if it were continuous; and 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 Lakes DHB’s conditions of employment, including: (a) Any any service related conditions; and (b) Any any conditions relating to redundancy; and (c) Any any conditions relating to superannuation Under under the employment being terminated; and The 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 i. in the same capacity as that in which the employee was employed by the EmployerLakes DHB; or (b) In ii. in any capacity that the employee is willing to accept.

Technical Redundancy. 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 agreement shall require the employer to pay compensation for redundancy to the employee if: 26.1 The person acquiring the business or the part being sold or transferred: (a) Has has offered the employee employment in the business or the part being sold or transferred; , and (b) Has has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and , and 26.2 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 any service related conditions; , and (b) Any any conditions relating to redundancy; , and (c) Any any conditions relating to superannuation Under the employment being terminated; and superannuation. 26.3 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 business, either: (a) In in the same capacity as that in which the employee was employed by the Employer; employer, or (b) In in any capacity that the employee is willing to accept.