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Section : 3.41 Records - transfer of business
Domain : Human Resource Management
Classification : Not Identified

Text Content

(a) the old employer; and
(b) the new employer; and
(c) a transferring employee.
(2) The old employer must transfer to the new employer each employee record concerning a transferring employee that the old employer was required to keep for subsection 535 (1) of the Act at the time at which the connection between the old employer and the new employer mentioned in paragraph 311 (1) (d) of the Act occurs.
(3) If the old employer is a Commonwealth authority, the old employer only has to provide copies of those records.
(4) If the transferring employee becomes an employee of the new employer after the time at which the connection between the old employer and the new employer mentioned in paragraph 311 (1) (d) of the Act occurs, the new employer must ask the old employer to give the new employer the employee records concerning the transferring employee.
(5) If the old employer receives a request under subregulation (4), the old employer must give the employee records to the new employer.