Common use of Continuity of Employment in Restructuring Clause in Contracts

Continuity of Employment in Restructuring. 1. For the purpose of this provision: a. Restructuring, in relation to a Kindergarten Association’s business means: i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person. b. Restructuring, in relation to a Kindergarten Association’s business does not include: i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii below; ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements). iii. the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; • the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a Collective Agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mode of acceptance. iv. the Kindergarten Association will also endeavour to arrange a meeting between the new employer and the NZEI Te Riu Roa as soon as practicable prior to the restructuring taking place; v. the Kindergarten Association will keep the NZEI Te Riu Roa informed regarding negotiations with the new employer in respect of the matters contained in 2.12.c.iii above. d. The redeployment and redundancy provisions of this Agreement will apply to an affected teacher who either: i. is not offered employment by the new employer; or ii. chooses not to accept an offer of employment from the new employer; provided that any affected teacher who declines an offer of employment in an equivalent position with the new employer shall not be entitled to redundancy compensation. e. A teacher who intends to decline an offer of equivalent employment should discuss with the Kindergarten Association the alternate options that might be available under the redeployment or redundancy provisions prior to formally making that decision. f. For the purposes of this clause employment in an equivalent position means employment in a position that: i. is substantially the same as the teacher’s previous position; and ii. is in the same general locality; and iii. is on terms and conditions of employment that are no less favourable than those that apply to the teacher immediately before the offer of equivalent employment (including any service-related, redundancy and superannuation conditions); and iv. is on terms that treat the period of service with the Kindergarten Association (and any other period of service recognised by the Kindergarten Association as continuous service) as if it were continuous service with the new employer.

Continuity of Employment in Restructuring. 1. ‌ 2.12.1 For the purpose of this provision: a. (a) Restructuring, in relation to a Kindergarten Association’s business means: i. (i) entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or (ii. ) selling or transferring the Kindergarten Association’s business (or part of it) to another person. b. (b) Restructuring, in relation to a Kindergarten Association’s business does not include: i. (i) the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. c. (c) Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: i. (i) in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii 2.12(c)(ii) below; (ii. ) within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements). (iii. ) the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; • the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a Collective Agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mode of acceptance. (iv. ) the Kindergarten Association will also endeavour to arrange a meeting between the new employer and the NZEI Te Riu Roa as soon as practicable prior to the restructuring taking place; v. ; (v) the Kindergarten Association will keep the NZEI Te Riu Roa informed regarding negotiations with the new employer in respect of the matters contained in 2.12.c.iii 2.12(c)(iii) above. d. (d) The redeployment and redundancy provisions of this Agreement will apply to an affected teacher who either: i. (i) is not offered employment by the new employer; or (ii. ) chooses not to accept an offer of employment from the new employer; provided that any affected teacher who declines an offer of employment in an equivalent position with the new employer shall not be entitled to redundancy compensation. e. (e) A teacher who intends to decline an offer of equivalent employment should discuss with the Kindergarten Association the alternate options that might be available under the redeployment or redundancy provisions prior to formally making that decision. f. (f) For the purposes of this clause employment in an equivalent position means employment in a position that: i. (i) is substantially the same as the teacher’s previous position; and (ii. ) is in the same general locality; and (iii. ) is on terms and conditions of employment that are no less favourable than those that apply to the teacher immediately before the offer of equivalent employment (including any service-service- related, redundancy and superannuation conditions); and (iv. ) is on terms that treat the period of service with the Kindergarten Association (and any other period of service recognised by the Kindergarten Association as continuous service) as if it were continuous service with the new employer.

Continuity of Employment in Restructuring. 1. For the purpose of this provision: a. Restructuring, in relation to a Kindergarten Association’s business means: i. entering into a contract or arrangement under which the Kindergarten Association’s business (or part of it) is undertaken for the Kindergarten Association by another person; or ii. selling or transferring the Kindergarten Association’s business (or part of it) to another person. b. Restructuring, in relation to a Kindergarten Association’s business does not include: i. the termination of a contract or arrangement under which the Kindergarten Association carries out work on behalf of another person or organisation. c. Where it is proposed that the Kindergarten Association be restructured and, as a result of that restructuring, the work being performed by any affected teachers of the Kindergarten Association would be performed by a new employer, then: i. in accordance with the principles outlined in clause 2.7 the Kindergarten Association will inform the NZEI Te Riu Roa at the earliest opportunity, and as soon as is practicable will provide the NZEI Te Riu Roa with copies of the information outlined in 2.12.c.ii 2.11.c.ii below; ii. within a reasonable period prior to the restructuring taking effect the Kindergarten Association will notify the new employer of the number of affected teachers and, in relation to each affected teacher, provide details of; • the work currently being performed by those teachers; and • details of their terms and conditions of employment (including their total remuneration, length of service and any accrued benefits or entitlements). iii. the Kindergarten Association will arrange to meet with the new employer to negotiate: • the number and type of positions in respect of which the affected teachers may be offered employment with the new employer; • the terms and conditions of employment on which the affected teachers may be offered employment on those conditions (including whether the affected teachers will transfer to the new employer on the same terms and conditions of employment and if those terms and conditions will be included in a Collective Agreementcollective agreement); • the arrangements, if required, for the transfer of any existing superannuation scheme benefits or entitlements and any other accrued benefits and entitlements in relation to those affected teachers who may be offered employment by the new employer; • the arrangements, if required, for when and how offers of employment are to be made to the affected teachers and the mode of acceptance. iv. the Kindergarten Association will also endeavour to arrange a meeting between the new employer and the NZEI Te Riu Roa as soon as practicable prior to the restructuring taking place; v. the Kindergarten Association will keep the NZEI Te Riu Roa informed regarding negotiations with the new employer in respect of the matters contained in 2.12.c.iii 2.11.c.iii above. d. The redeployment and redundancy provisions of this Agreement will apply to an affected teacher who either: i. is not offered employment by the new employer; or ii. chooses not to accept an offer of employment from the new employer; provided that any affected teacher who declines an offer of employment in an equivalent position with the new employer shall not be entitled to redundancy compensation. e. A teacher who intends to decline an offer of equivalent employment should discuss with the Kindergarten Association the alternate options that might be available under the redeployment or redundancy provisions prior to formally making that decision. f. For the purposes of this clause employment in an equivalent position means employment in a position that: i. is substantially the same as the teacher’s previous position; and ii. is in the same general locality; and iii. is on terms and conditions of employment that are no less favourable than those that apply to the teacher immediately before the offer of equivalent employment (including any service-related, redundancy and superannuation conditions); and iv. is on terms that treat the period of service with the Kindergarten Association (and any other period of service recognised by the Kindergarten Association as continuous service) as if it were continuous service with the new employer.