Transitional Provisions
36. Transitional provisions relating to persons deemed employees of
Authority---(1) Notwithstanding any other provision of this Act or any
provision of the State Sector Act 1988,---
(a) Every person employed in the Ministry immediately before the
commencement of this Act and engaged principally in duties that
relate to functions that are functions of the Authority or of
the Director is hereby deemed to be an employee of the
Authority; and
(b) The terms and conditions of employment of every person who, by
virtue of paragraph (a) of this subsection, becomes an employee
of the Authority shall, until varied or until a new contract of
employment is entered into, be based on the employment contract
that applied to that person immediately before the commencement
of this Act in respect of that person's employment in the
Ministry.
(2) For the purposes of every enactment, law, award, determination,
contract, and agreement at any time relating to the employment of a
person who, by virtue of subsection (1) of this section, becomes an
employee of the Authority,---
(a) The contract of employment that applied immediately before the
commencement of this Act in respect of that person's employment
in the Ministry shall be deemed not to have been broken by that
person having so become a person employed by the Authority; and
(b) Any period recognised by the Secretary as continuous service in
the Ministry shall be deemed to have been a period of continuous
service in the Authority.
(3) No person who becomes, by virtue of subsection (1) (a) of this
section, a person employed by the Authority shall be entitled to any
payment, benefit, or compensation whether for redundancy or otherwise by
reason only of that person having ceased to be a person employed in the
Ministry.