Australian Public Service Commissioner's Directions 2022
38Re‑engagement of a former APS employee
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38 Re‑engagement of a former APS employee
(1) The relevant Agency Head may engage a former APS employee as an ongoing or non‑ongoing APS employee if: (a) the Agency Head is satisfied that the person’s former employment should not have ended; or (b) the engagement will settle legal action relating to the termination of the employee’s employment; or (c) an appropriate authority has recommended or ordered the reinstatement of the person.
Note: An appropriate authority includes, for example, the Federal Court of Australia, the Fair Work Commission or the Australian Human Rights Commission.
(2) The person must be engaged: (a) on the same basis (ongoing or non‑ongoing) as the person was when formerly employed; and (b) at the same or a lower classification.