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StatuteEmployment Relations Act 2000

Section 69N — Employment Relations Act 2000: Employee who transfers may bargain for redundancy entitlements with new employer

Text of the provision Official document

69N Employee who transfers may bargain for redundancy entitlements with new employer (1) This section applies to an employee if— (a) the employee elects, under section 69I(1) , to transfer to a new employer; and (b) the new employer proposes to make the employee redundant for reasons relating to the transfer of the employees or to the circumstances arising from the transfer of the employees; and (c) the employee's employment agreement— (i) does not provide for redundancy entitlements for those reasons or in those circumstances; or (ii) does not expressly exclude redundancy entitlements for those reasons or in those circumstances. (2) The employee is entitled to redundancy entitlements from his or her new employer. (3) If an employee seeks redundancy entitlements from his or her new employer, the employee and new employer must bargain with a view to reaching agreement on appropriate redundancy entitlements. 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.

Official source: legislation.govt.nz

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