Section 69G — Employment Relations Act 2000: Notice of right to make election

69G Notice of right to make election (1) Before a restructuring takes effect, the employer of the employees who will be affected by the restructuring must provide the employees affected with— (a) a reasonable opportunity to exercise the right to make an election under section 69I(1) ; and (b) the date by which the right to make an election must be exercised; and (c) information sufficient for the employees to make an informed decision about whether to exercise the right to make an election. (2) Without limiting subsection (1)(c) , the information provided under that provision must include— (a) the name of the new employer: (b) the nature and scope of the restructuring: (c) the date on which the restructuring is to take effect: (d) how to make an election, the person to whom an election is to be sent, and the form in which the election is to be sent (for example by post, fax, or email). (3) If the restructuring is a contracting in or a subsequent contracting, person A in the definition that applies must give the employer sufficient notice of, and information about, the restructuring to enable the employer to comply with subsection (1) . (4) An employer or other person who fails to comply with this section is liable to a penalty imposed by the Authority. Part 6A (comprising sections 69A to 69O) was inserted, as from 1 December 2004, by section 30 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Part 6A (comprising sections 69A to 69O) was substituted by a new Part 6A (comprising sections 69A to 69OL), as from 14 September 2006, by section 6 Employment Relations Amendment Act 2006 (2006 No 41). See section 2(1)(a) of that Act as to subpart 2 of the new Part 6A of this Act (comprising sections 69OA to 69OG) coming into force as from 13 December 2006. See section 11 of that Act as to the transitional provisions.