122Transferred employees

122 Transferred employees

(1) A transferred employee is to be regarded as—

(a) having been employed under Part 3 of the Public Administration Act 2004, with effect from the appointed day;

(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Southern Cross Station Authority;

(c) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Southern Cross Station Authority, immediately before the appointed day.

(2) The service of a transferred employee as an employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an officer or employee of the Southern Cross Station Authority.

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Southern Cross Station Authority because of the operation of this Division.

(4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(5) The superannuation entitlements of any person who is a transferred employee are to be taken not to be affected by that person becoming a transferred employee.

(6) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or

(b) a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004.

S. 123 inserted by No. 26/2009 s. 8.