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: (a) The person acquiring the business or the part being sold or transferred: (i) Has offered the employee employment in the business or the part being sold or transferred; and (ii) Has agreed to treat service with the Employer as it were service with that person and as if it were continuous; 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: (i) Any service related conditions; and (ii) Any conditions relating to redundancy; and (iii) Any conditions relating to superannuation under the employment being terminated; 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: (i) In the same capacity as that in which the employee was employed by the Employer; or (ii) In any capacity that the employee is willing to accept.
Appears in 2 contracts
Samples: Clinical Pharmacist Facilitators Collective Employment Agreement, Collective Employment Agreement
Technical Redundancy. Where an employee's ’s employment is being terminated by the Employer by reason of the sale or transfer of the whole or part of the Employer's ’s business, nothing in this Agreement shall require the Employer to pay compensation for redundancy to the employee if:
(a) The person acquiring the business or the part being sold or transferred:
(i) Has offered the employee employment in the business or the part being sold or transferred; and
(ii) Has agreed to treat service with the Employer as it were service with that person and as if it were continuous; 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 ’s conditions of employment, including:
(i) Any service related conditions; and
(ii) Any conditions relating to redundancy; and
(iii) Any conditions relating to superannuation under the employment being terminated; 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:
(i) In the same capacity as that in which the employee was employed by the Employer; or
(ii) In any capacity that the employee is willing to accept.
Appears in 1 contract
Samples: Collective Employment Agreement
Technical Redundancy. Where an employee's employment is being terminated by the Employer employer by reason of the sale or transfer of the whole or part of the Employeremployer's business, nothing in this Agreement shall require the Employer employer to pay compensation for redundancy to the employee if:
(a) 26.1 The person acquiring the business or the part being sold or transferred:
(ia) Has offered the employee employment in the business or the part being sold or transferred; and
(iib) Has agreed to treat service with the Employer employer as if it were service with that person and as if it were continuous; and
(b) The 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:: and NDHB Social Worker SECA 1 December 2020 to 12 December 2021
(ia) Any service related conditions; and
(iib) Any conditions relating to redundancy; and
(iiic) Any conditions relating to superannuation under Under the employment being terminated; and
(c) 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:
(ia) In the same capacity as that in which the employee was employed by the Employer; or
(iib) In any capacity that the employee is willing to accept.
Appears in 1 contract
Samples: Social Workers Collective Agreement
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:
(a) : The person acquiring the business or the part being sold or transferred:
(i) : Has offered the employee employment in the business or the part being sold or transferred; and
(ii) and Has agreed to treat service with the Employer as it were service with that person and as if it were continuous; and
(b) 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:
(i) : Any service related conditions; and
(ii) and Any conditions relating to redundancy; and
(iii) and Any conditions relating to superannuation under the employment being terminated; and
(c) 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:
(i) : In the same capacity as that in which the employee was employed by the Employer; or
(ii) or In any capacity that the employee is willing to accept.
Appears in 1 contract
Samples: Collective Employment Agreement