Common use of Technical Redundancy Clause in Contracts

Technical Redundancy. ‌ Where an Employee’s employment is being terminated by the University by reason only of the sale or transfer of the whole or part of its business, nothing in this Agreement or any other Agreement shall require the University to pay compensation for redundancy to the Employee if: (a) the person or organisation acquiring the business, or the part being sold or transferred: • has offered the Employee employment in the business, or the part being sold or transferred; • has agreed to treat service with the University as if it were continuous service with that person or organisation; AND (b) the conditions of employment being offered to the Employee by the person or organisation acquiring the business, or the part being sold or transferred are the same as, or no less favourable than, the Employee’s conditions of employment, including: • any service related and redundancy conditions; AND • any conditions relating to superannuation under the employment being terminated; AND • the offer of employment by the person or organisation acquiring the business, or the part being sold or transferred, is an offer to employ the Employee in that business either: • in the same capacity as that in which the Employee was employed; OR • in a capacity that the Employee is willing to accept.

Technical Redundancy. ‌ Where an Employee’s employment is being terminated by the University by reason only of the sale or transfer of the whole or part of its business, nothing in this Agreement or any other Agreement shall require the University to pay compensation for redundancy to the Employee if: (a) the person or organisation acquiring the business, or the part being sold or transferred: • has offered the Employee employment in the business, or the part being sold or transferred; • has agreed to treat service with the University as if it were continuous service with that person or organisation; AND (b) the conditions of employment being offered to the Employee by the person or organisation acquiring the business, or the part being sold or transferred are the same as, or no less favourable than, the Employee’s conditions of employment, including: • any service related and redundancy conditions; AND • any conditions relating to superannuation under the employment being terminated; AND • the offer of employment by the person or organisation acquiring the business, or the part being sold or transferred, is an offer to employ the Employee in that business either: • in the same capacity as that in which the Employee was employed; OR • in a capacity that the Employee is willing to accept.

Technical Redundancy. ‌ Where an Employeeemployee’s employment is being terminated by the University Employer by reason only of the sale or transfer of the whole or part of its business, nothing in this Agreement or any other Agreement the employer shall require the University to pay compensation for redundancy to the Employee ifemployee for redundancy, UNLESS all the following conditions are met: (a) the The person or organisation acquiring the business, or the part being sold or transferred: • − has offered the Employee employee employment in the business, or the part being sold or transferred; • AND − has agreed to treat service with the Dunedin College of Education and the University of Otago as if it were continuous service with that person or organisation; AND (b) the conditions of employment being offered to the Employee employee by the person or organisation acquiring the business, or the part being sold or transferred are the same as, or no less favourable than, as the Employeeemployee’s conditions of employment, including: • − any service related and redundancy conditions; AND • − any conditions relating to superannuation under the − employment being terminated; AND • AND (c) the offer of employment by the person or organisation acquiring the business, or the part being sold or transferred, is an offer to employ the Employee employee in that business either: • in the same capacity as that in which the Employee employee was employed; OR • in a capacity that AND : (d) the Employee offer of employment does not require relocation outside the region, or if the employee is willing to acceptaccept an offer that involves relocation, the employee is granted relocation expenses as set out in clause 5.2 of this Agreement.

Technical Redundancy. ‌ Where an Employeeemployee’s employment is being terminated by the University Employer by reason only of the sale or transfer of the whole or part of its business, nothing in this Agreement or any other Agreement the employer shall require the University to pay compensation for redundancy to the Employee ifemployee for redundancy, UNLESS all the following conditions are met: (a) the The person or organisation acquiring the business, or the part being sold or transferred: • − has offered the Employee employee employment in the business, or the part being sold or transferred; • AND − has agreed to treat service with the Dunedin College of Education and the University of Otago as if it were continuous service with that person or organisation; AND (b) the conditions of employment being offered to the Employee employee by the person or organisation acquiring the business, or the part being sold or transferred are the same as, or no less favourable than, as the Employeeemployee’s conditions of employment, including: • − any service related and redundancy conditions; AND • − any conditions relating to superannuation under the − employment being terminated; AND • AND (c) the offer of employment by the person or organisation acquiring the business, or the part being sold or transferred, is an offer to employ the Employee employee in that business either: • in the same capacity as that in which the Employee employee was employed; OR • in a capacity that AND : (d) the Employee offer of employment does not require relocation outside the region, or if the employee is willing to acceptaccept an offer that involves relocation, the employee is granted relocation expenses as set out in clause 5.2 of this Agreement.