Industrial Relations Act 1996 No 17
Historical version for 8 February 2003 to 16 February 2003 (accessed 21 December 2014 at 21:43) Current version
Chapter 2Part 8Section 101

101   Definitions

(1)  In this Part:

transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment.

transferred employee means a person who becomes an employee of an employer (the new employer) as a result of the transfer of business to that employer from another employer (the former employer).

(2)  A person is to be regarded as a transferred employee even if the person’s employment with the former employer is terminated before the transfer of business, so long as:
(a)  the person is employed by the new employer after the transfer of business, and
(b)  the circumstances of that termination and employment indicate an intention to avoid the operation of this Part.

In that case, the termination of employment of such a transferred employee is to be disregarded for the purposes of this Part.

Top of page