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Infrastructure Investment (Asset Restructuring and Disposal) Act 2009
sec.25Preservation of rights of transferred employees
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### sec.25 Preservation of rights of transferred employees
This section applies to the transfer, as part of a declared project, of—
an employee of a declared entity (the former employer ) to another declared entity or the State; or
an employee of the State (also the former employer ) to a declared entity.
The transfer 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 former employer, retrenchment or redundancy; or
entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or
require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.
In this section—
employee , of a declared entity, does not include a director of the entity.
s 25 amd 2010 No. 11 s 92
(sec.25-ssec.1) This section applies to the transfer, as part of a declared project, of— an employee of a declared entity (the former employer ) to another declared entity or the State; or an employee of the State (also the former employer ) to a declared entity.
(sec.25-ssec.2) The transfer 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 former employer, retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.
(sec.25-ssec.3) In this section— employee , of a declared entity, does not include a director of the entity.
- (a) an employee of a declared entity (the former employer ) to another declared entity or the State; or
- (b) an employee of the State (also the former employer ) 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 former employer, retrenchment or redundancy; or
- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or
- (f) require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.