§ 52 — General preservation of employment terms, etc.

52.—(1) When a transferring HPB employee or transferring MOH employee is transferred to the service of the Agency under section 51(1) (called in this section a transferred employee), the transferred employee’s service with the Agency must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date.(2) On the transfer date —(a)

a transferred employee retains all accrued rights as if his or her employment with the Agency were a continuation of employment with the transferor;

(b)

the liabilities of the transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Agency; and

(c)

a reference to the transferor 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 Agency.

(3) Until the time the Agency draws up the terms and conditions of employment for the transferred employee, the Agency 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.

(4) Any term or condition of employment drawn up by the Agency relating to the length of service of the transferred employee with the Agency must recognise the length of service of that employee with the transferor (including any previous service of that employee taken to be service with the transferor) to be service with the Agency.

(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 Agency may —(a)

start any disciplinary proceedings against that 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 that employee as if that employee were not transferred.

(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 the 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 Agency.

—(1) When a transferring HPB employee or transferring MOH employee is transferred to the service of the Agency under section 51(1) (called in this section a transferred employee), the transferred employee’s service with the Agency must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date.

(2) On the transfer date —(a)

a transferred employee retains all accrued rights as if his or her employment with the Agency were a continuation of employment with the transferor;

(b)

the liabilities of the transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Agency; and

(c)

a reference to the transferor 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 Agency.

(3) Until the time the Agency draws up the terms and conditions of employment for the transferred employee, the Agency 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.

(4) Any term or condition of employment drawn up by the Agency relating to the length of service of the transferred employee with the Agency must recognise the length of service of that employee with the transferor (including any previous service of that employee taken to be service with the transferor) to be service with the Agency.

(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 Agency may —(a)

start any disciplinary proceedings against that 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 that employee as if that employee were not transferred.

(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 the 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 Agency.