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Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
sec.24Preservation of rights of seconded employees
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### sec.24 Preservation of rights of seconded employees
This section applies if, under a transfer notice—
an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or
an employee of the State (also the employer ) is seconded to a declared entity.
The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.
The secondment does not—
affect the employee’s benefits, entitlements or remuneration; or
prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
constitute a termination of employment by the employer, retrenchment or redundancy.
The secondment continues, even if the declared entity to which the employee is seconded stops being a declared entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.
In this section—
employee , of a declared entity, does not include a director of the entity.
s 24 amd 2010 No. 11 s 91
(sec.24-ssec.1) This section applies if, under a transfer notice— an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or an employee of the State (also the employer ) is seconded to a declared entity.
(sec.24-ssec.2) The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.
(sec.24-ssec.3) The secondment does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the employer, retrenchment or redundancy.
(sec.24-ssec.4) The secondment continues, even if the declared entity to which the employee is seconded stops being a declared entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.
(sec.24-ssec.5) In this section— employee , of a declared entity, does not include a director of the entity.
- (a) an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or
- (b) an employee of the State (also the employer ) is seconded to a declared entity.
- (a) affect the employee’s benefits, entitlements or remuneration; or
- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
- (d) constitute a termination of employment by the employer, retrenchment or redundancy.