STAFF SURPLUS. 26.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 26.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee.
26.2 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:
26.2.1 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.
STAFF SURPLUS. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub clause 25.3 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee.
STAFF SURPLUS. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the re-organisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 35.4 below shall be invoked and decided on a case by case basis in accordance with this clause.
STAFF SURPLUS. 4.1.1 When as a result of the restructuring of the whole or any parts of the employer’s operations either due to the reorganisation, review of work method, change of plant (or like cause), and at the conclusion of the processes described in sub-clause 40.2 of the MECA, the employer requires reduction in the number of employees or employees can no longer be employed in their current position or work location (i.e. the terms of appointment to their current position), then the voluntary options in sub-clause 4.2 of this clause shall be invoked and negotiated on a case by case basis between the employee and their authorised representative and the employer.
STAFF SURPLUS. 27.1 The parties acknowledge that Section 69N of the Employment Relations Act requires all employment agreements to contain provisions in relation to the protection of employees where the employer's business is restructured. It is agreed that these provisions exist within the Management of Change provisions of this Agreement and in addition by virtue of the statutory provisions set out in Sections 19, 20 and 21 of Schedule 1B of the Employment Relations Act. When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the reorganisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 27.5 below shall be invoked and decided on a case by case basis by the employer having due regard to the circumstances of the affected employee.
27.2 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:
27.2.1 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
27.2.2 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 service related conditions; and
(b) any conditions relating to redundancy; and
(c) any conditions relating to superannuation - under the employment being terminated; and
27.2.3 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 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.
STAFF SURPLUS. 23.1 When as a result of the substantial restructuring of the whole, or any parts, of the employer's operations; either due to the re-organisation, review of work method, change in plant (or like cause), the employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in sub-clause 23.4 below shall be invoked and decided on a case by case basis in accordance with this clause.
23.2 Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of position required to be discharged to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee, who can elect to involve their Union Representative, will meet to agree on the
23.3 The following information shall be made available to the Union representatives:
(a) the location/s of proposed surplus
(b) the total number of proposed surplus employees
(c) the date by which the surplus needs to be discharged
(d) the positions, grading, names and ages of the affected employees who are union members
(e) availability of alternative positions in the DHB. On request the Union representative will be supplied with relevant additional information where available.
STAFF SURPLUS. 28.4.1 When as a result of the substantial restructuring of the whole, or any parts, of
STAFF SURPLUS. 23.1 When as a result of the restructuring of the whole, or any parts, of the Employer’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the Employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in subclause d. below shall be invoked and agreed on a case by case basis.
23.2 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
(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: • Any service related conditions; and • Any conditions relating to redundancy; and • 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 or the business either: • In the same capacity as that in which the employee was employed by the DHB; or • In any capacity that the employee is willing to accept.
STAFF SURPLUS. 2.1 Options - The following are the options to be applied in staff surplus situations:
i) Reconfirmed in position ii) Attrition iii) Redeployment
STAFF SURPLUS. 28.1 If the employee’s position is redundant the employer will provide the employee notice of termination per clause 27.
1. The employer may, at their sole discretion, pay the employee in lieu of all or part of the notice period.
28.2 There will be no compensation payable.
