Technical Redundancy Clause Samples

Technical Redundancy. 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: 26.1 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.

Technical Redundancy. If the employee’s employment is being terminated because 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 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 (c) 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 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 (d) The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either; • In the same or similar capacity as that in which the employee was employed by the employer; or • In any capacity that the employee is willing to accept.

Technical Redundancy. 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: 30.2.1 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 30.2.2 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 30.2.3 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.

Technical Redundancy. If a technical redundancy situation arises during the term of this agreement, where the work of an employee is contracted out or the operation or part of the operation of the employer is transferred or sold, the parties will meet to discuss how to deal with the situation and endeavour to reach a mutually agreeable solution that does not disadvantage those employees affected. Depending on the circumstances 7.2 and/or 7.3 below may be applicable.

Technical Redundancy. Where an employee is being made redundant by reason only of the sale, transfer, or lease of the whole or part of the Ministry, no compensation for redundancy is payable to the employee if offered employment with the new entity, and • The conditions of employment offered are no less favourable than the employee’s current conditions, and • The offer is to employ the employee in a similar capacity as that in which the employee was employed by the employer, or in a capacity that the employee is willing to accept, and • The new employer has agreed to treat service as if it is continuous.

Technical Redundancy. Where employment is being terminated by the employer by reason of sale, transfer, contracting out or change to a contracting arrangement, by the employer of the whole or part of the operations, an employee shall have no entitlement to redundancy compensation if the person acquiring the operation or the contract or the part being sold or transferred has offered the employee continued employment on the same or no less favourable terms.

Technical Redundancy. 8.6.1 Where an Employee’s employment is being terminated by the Employer by reason of the sale or transfer by the Employer of the whole or part of its business, nothing will require the Employer to pay compensation for redundancy to the Employee if: (a) the person or organisation acquiring the business or part being sold or transferred (“the new Employer”): • has offered the Employee employment; and • has agreed to treat the service as if it were continuous service with that service or organisation; and (b) the conditions of employment being offered to the Employee by the new Employer are substantially the same as, or more favourable than, the Employee’s conditions of employment including: • any service related and redundancy conditions; and • any conditions relating to superannuation under the employment being terminated; and (c) the offer of employment by the new Employer is an offer to employ the Employee in the business either: • in substantially the same, or in a similar capacity as that in which the Employee was employed; or • in a capacity that the Employee is willing to accept; and • that the employment remains in the local area, or is within reasonable commuting distance.

Technical Redundancy. 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 (ii) Has agreed to treat service with the Employer as it were service with that person and as if it were continuous; 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: (i) Any service related conditions; and (ii) Any conditions relating to redundancy; and (iii) 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 of the business either: (i) In the same capacity as that in which the employee was employed by the Employer; or (ii) In any capacity that the employee is willing to accept.

Technical Redundancy. ‌ Where an Employee’s employment is being terminated by the University by reason only of the sale or transfer of the whole or part of its business, nothing in this Agreement or any other Agreement shall require the University to pay compensation for redundancy to the Employee if: (a) the person or organisation acquiring the business, or the part being sold or transferred: • has offered the Employee employment in the business, or the part being sold or transferred; • has agreed to treat service with the University as if it were continuous service with that person or organisation; AND (b) the conditions of employment being offered to the Employee by the person or organisation acquiring the business, or the part being sold or transferred are the same as, or no less favourable than, the Employee’s conditions of employment, including: • any service related and redundancy conditions; AND • any conditions relating to superannuation under the employment being terminated; AND • the offer of employment by the person or organisation acquiring the business, or the part being sold or transferred, is an offer to employ the Employee in that business either: • in the same capacity as that in which the Employee was employed; OR • in a capacity that the Employee is willing to accept.