Transfer of employees to Commission
97.—(1)  On the transfer date, every employee of the transferor in the Consumer Protection Weights & Measures Division who performs solely or mainly the fair trading functions —
(a)stops being an employee of the transferor; and
(b)is each transferred to the service, and becomes an employee, of the Commission on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.
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(2)  A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Commission under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate.
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(3)  The transfer of an employee of the transferor to the Commission under subsection (1) —
(a)does not interrupt continuity of the employee’s service;
(b)does not constitute a retrenchment or redundancy of the employee’s employment by the transferor; and
(c)does not entitle the employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor.
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(4)  Nothing in this section prevents —
(a)any of the terms and conditions of employment of an individual transferred to the service of the Commission under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and
(b)an individual transferred to the service of the Commission under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.
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(5)  To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any employee of the transferor to the Commission.
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