Acts and Regulations

2013, c.7 - Electricity Act

Section 57
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Transfer of employees
57(1)On the commencement of this section, an employee of the Marketing Corporation is transferred to and becomes an employee of the Corporation.
57(2)An employee referred to in subsection (1) shall be deemed to have been transferred to the Corporation without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, with any modifications that are necessary.
57(3)An employee who is transferred under subsection (1) shall be deemed not to have been dismissed, constructively dismissed or laid-off.
57(4)If an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
57(5)Service of an employee referred to in subsection (1) with the Marketing Corporation under its former name of New Brunswick Power Generation Corporation or with any of its predecessors is deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act, at common law or under any applicable contract of employment or collective agreement.
Transfer of employees
57(1)On the commencement of this section, an employee of the Marketing Corporation is transferred to and becomes an employee of the Corporation.
57(2)An employee referred to in subsection (1) shall be deemed to have been transferred to the Corporation without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, with any modifications that are necessary.
57(3)An employee who is transferred under subsection (1) shall be deemed not to have been dismissed, constructively dismissed or laid-off.
57(4)If an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
57(5)Service of an employee referred to in subsection (1) with the Marketing Corporation under its former name of New Brunswick Power Generation Corporation or with any of its predecessors is deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act, at common law or under any applicable contract of employment or collective agreement.