VICIn ForceAct
Fire Rescue Victoria Act 1958
101Transfer of staff
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101 Transfer of staff
(1) A person (referred to in this section as a ***transferred employee***) employed by the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board immediately before the commencing day is to be regarded as—
(a) having been employed by Fire Rescue Victoria with effect from the commencing day; and
(b) having been so employed on the same terms and conditions as those that applied to the transferred employee, immediately before the commencing day, as an employee of the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires); and
(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires) immediately before the commencing day.
(2) The service of a transferred employee as an employee of Fire Rescue Victoria is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencing day, as an employee of the Chief Officer, the Chief Executive Officer or the Metropolitan Fire Emergency Services Board (as the case requires).
(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Chief Officer, the Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires) because of this section.
(4) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee being altered by or under any law, award or agreement with effect from any time after the commencing day; or
(b) a transferred employee from resigning or being dismissed at any time after the commencing day in accordance with the then existing terms and conditions of the transferred employee's employment with Fire Rescue Victoria.
S. 102 inserted by No. 20/2019 s. 82.