(a) Generally

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Division H Continuity of Employment, Etc

| Commentary

(a) Generally

Copyright © 2025 LexisNexis

| Commentary

(5) Temporary cessation of work: s 212(3)(b)

An employee may count towards his or her total period of continuous employment a week during which, or during part of which, he or she was 'absent from work on account of a temporary cessation of work', notwithstanding that the relationship between the parties is not, during any part of that week, governed by a contract of employment (ERA 1996 s 212(3)(b)). No further explanation

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1. Continuous Employment

(1) Generally

(2) Employment governed by contract: s 212(1)

A. Introduction to Continuous Employment

(3) Employment not governed by contract: s 212(3): general comments

(b) Absent from work

(c) Cessation of work

(d) Temporary

(a) Generally

(b) Absent from work

(c) 'Arrangement or custom'

(d) Relationship to s 212(3)(a) and (b)

(e) Career breaks

(7) Maternity leave

(8) Paternity, adoption and parental leave

(9) Strikes and lockouts

(10) Reinstatement or re-engagement following dismissal: s 219

(11) Modifications in relation to unfair dismissal: s 213(1)

(12) Modifications in relation to redundancy payments: s 214

(13) Miscellaneous

(1) Generally