Section 69O — Employment Relations Act 2000: Authority may investigate bargaining and determine redundancy entitlements

69O Authority may investigate bargaining and determine redundancy entitlements (1) If an employee and his or her new employer fail to agree on redundancy entitlements under section 69N(3) , the employee or new employer may apply to the Authority to investigate the bargaining relating to the matter. (2) After concluding the investigation, the Authority must determine— (a) if, in the Authority's view, it is possible for the bargaining to continue, how further bargaining should occur; or (b) if, in the Authority's view, further bargaining is not warranted, the redundancy entitlements due to an employee. (3) In determining the redundancy entitlements under subsection (2)(b) , the Authority may take into account one or more of the following matters: (a) the redundancy entitlements (if any) provided in the employee's employment agreement for redundancy in circumstances other than restructuring: (b) the employee's length of service with his or her previous employer and new employer: (c) how much notice of the redundancy the employee has received: (d) the ability of the new employer to provide redundancy entitlements: (e) the likelihood of the employee being re-employed or obtaining employment with another employer: (f) any other relevant matter that the Authority thinks fit. 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.