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GOVERNMENT OWNED CORPORATIONS (GENERATOR RESTRUCTURE--CLEANCO) REGULATION 2019 - REG 8
Transferring employees
8 Transferring employees
(1) This section applies if, immediately before the transfer date for a
transfer schedule, the transfer schedule identifies an employee of Stanwell.
(2) The employee becomes an employee of the recipient entity for the employee,
and is no longer an employee of Stanwell, on and from the transfer date.
(3)
Stanwell and the recipient entity must do all things necessary to enable the
employee to become an employee of the recipient entity on and from the
transfer date.
(4) The transfer of the employee under subsection (2) does
not— (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 Stanwell or a retrenchment
or redundancy; or
(e) entitle the employee to a payment or other benefit
because he or she is no longer employed by Stanwell; or
(f) require Stanwell
to make any payment in relation to the employee’s accrued rights to
recreation, sick, long service or other leave regardless of any arrangement
between Stanwell and the employee.
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