General preservation of employment terms, etc.
98.—(1)  When an employee of the transferor is transferred to the service of the Commission under section 97 (called in this section a transferred employee), the transferred employee’s service with the Commission must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date.
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(2)  On the transfer date —
(a)a transferred employee retains all accrued rights as if his or her employment with the Commission were a continuation of employment with the transferor;
(b)the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Commission; and
(c)a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Commission.
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(3)  Until such time as the Commission draws up the terms and conditions of employment for the transferred employee, the Commission is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with the transferor on the eve of the transfer date.
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(4)  Any term or condition of employment drawn up by the Commission relating to the length of service of the transferred employee with the Commission must recognise the length of service of that employee with the transferor (including any previous service that is taken to be service with the transferor) to be service with the Commission.
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(5)  For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Commission may —
(a)start any disciplinary proceedings against the employee;
(b)carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve of the transfer date; and
(c)reprimand, reduce in rank, retire, dismiss or otherwise punish the employee as if the Commission were the transferor.
[10/2018]
(6)  Where on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with the transferor concerned —
(a)was in the course of being heard or investigated by a committee of that transferor acting under due authority; or
(b)had been heard or investigated, but no order, ruling or direction had been made, by that committee,
that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Commission.
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