LOCAL GOVERNMENT ACT 1993 - SECT 354D
Preservation of entitlements of staff members
LOCAL GOVERNMENT ACT 1993 - SECT 354D
Preservation of entitlements of staff members
354D Preservation of entitlements of staff members
(1) If a staff transfer
occurs, the employment of--
(a) a transferred staff member, and
(b) in the
case of a boundary alteration--
(i) a remaining staff member of the transferor
council, and
(ii) an existing staff member of the transferee council,
other
than a senior staff member, continues on the same terms and conditions that
applied to the staff member immediately before the transfer day, subject to
section 354E.
(2) Subsection (1) applies until other provision is duly made
under any Act or law.
(3) Neither the contract of employment nor the period
of employment of a transferred staff member is taken to have been broken by
the transfer for the purposes of any law, award or agreement relating to the
employment of that staff member.
(4) A transferred staff member is not
entitled to receive any payment or other benefit merely because the staff
member ceases to be a staff member of the former council.
(5) The transfer of
a transferred staff member does not affect any accrued rights the staff member
had immediately before the transfer, including in relation to recreation
leave, sick leave, long service leave and superannuation, but does not entitle
the staff member to claim dual benefits of the same kind for the same period
of service.
