Technical Redundancy. 8.6.1 Where an Employee’s employment is being terminated by the Employer by reason of the sale or transfer by the Employer of the whole or part of its business, nothing will require the Employer to pay compensation for redundancy to the Employee if: (a) the person or organisation acquiring the business or part being sold or transferred (“the new Employer”): • has offered the Employee employment; and • has agreed to treat the service as if it were continuous service with that service or organisation; and (b) the conditions of employment being offered to the Employee by the new Employer are substantially the same as, or more 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 (c) the offer of employment by the new Employer is an offer to employ the Employee in the business either: • in substantially the same, or in a similar capacity as that in which the Employee was employed; or • in a capacity that the Employee is willing to accept; and • that the employment remains in the local area, or is within reasonable commuting distance.
Appears in 5 contracts
Samples: Collective Agreement, Specialist Residential Schools’ Collective Agreement, Collective Agreement
