Acts and Regulations

2015, c.44 - Service New Brunswick Act

Full text
Employees of the former Service New Brunswick
76(1)Subject to subsection 73(2), every person who was an employee of the former Service New Brunswick immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
76(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed, or laid off.
76(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
76(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
76(5)If the employment of 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.
Employees of the former Service New Brunswick
76(1)Subject to subsection 73(2), every person who was an employee of the former Service New Brunswick immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
76(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed, or laid off.
76(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
76(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
76(5)If the employment of 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.