39Transferring employees who accept employment with equivalent terms and conditions

39 Transferring employees who accept employment with equivalent terms and conditions

(1) A transferring employee who is employed by the successor body on equivalent terms and conditions is not entitled to receive any payment or other benefit merely because his or her employment by a statutory authority was terminated by the operation of this Act. (2) For the purposes of this section, the question whether the terms and conditions of employment of a person are, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by the Minister. (3) Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (2). (4) In this section:

equivalent terms and conditions means terms and conditions that, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the transferring employee at the time when he or she agreed to be employed by the successor body.