Common use of STAFF SURPLUS Clause in Contracts

STAFF SURPLUS. 23.1 When as a result of the restructuring of the whole, or any parts, of the Employer’s operations; either due to the reorganisation, review of work method, change in plant (or like cause), the Employer requires a reduction in the number of employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to their present position), then the options in subclause d. below shall be invoked and agreed on a case by case basis. 23.2 Where an employee’s employment is being terminated by the Employer by reason of the sale or transfer of the whole or part of the Employer’s business, nothing in this agreement shall require the Employer to pay compensation for redundancy to the employee if: (a) The person acquiring the business or the part being sold or transferred i Has offered the employee employment in the business or the part being sold or transferred; and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee’s conditions of employment, including: • Any service related conditions; and • Any conditions relating to redundancy; and • Any conditions relating to superannuation – under the employment being terminated; and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part or the business either: • In the same capacity as that in which the employee was employed by the DHB; or • In any capacity that the employee is willing to accept.