34Review of employer-initiated transfers or secondments

#### 34 Review of employer-initiated transfers or secondments 34 Review of employer-initiated transfers or secondments > > (1) This rule applies in relation to the transfer or secondment of a government sector employee that has not been initiated by the employee (referred to in this rule as an employer-initiated transfer or secondment). > > > (2) The government sector employee in respect of whom an employer-initiated transfer or secondment applies may apply to the head of the government sector agency in which the person is employed for a review of the transfer or secondment. > > > (3) If an application is made for the review of an employer-initiated transfer or secondment, the transfer or secondment (as the case requires) of the employee to the service of another government sector agency does not have effect until the review is completed. > > > (4) An application by an employee for the review of an employer-initiated transfer or secondment must be made— > > > > > (a) in writing to the head of the government sector agency in which the person is employed, and > > > > > (b) no later than 10 business days after the day on which the employee is notified of the transfer or secondment. > > > (5) The review of an employer-initiated transfer or secondment is to be conducted by a senior executive (the reviewer) who was not involved in the decision to transfer or temporarily second the employee to another government sector agency. > > > (6) The reviewer is to conduct a review of the employer-initiated transfer or secondment within 10 business days after the application for review is made. > > > (7) The employee may make submissions to the reviewer, including reasons why the proposed transfer or secondment would cause undue hardship to the employee. > > > (8) In conducting a review, the reviewer is— > > > > > (a) to assess whether or not the employer-initiated transfer or secondment is appropriate having regard to all relevant circumstances (including any submissions provided by the employee), and > > > > > (b) to make such findings as the reviewer thinks appropriate. > > > (9) Any such findings are to be notified to the agency head. > > > (10) The agency head is to make a decision in relation to the matter subject to the review and notify the employee concerned in writing of the decision. > > > (11) Any decision by the agency head in relation to the matter is final.