36Dealing with unsatisfactory performance

36 Dealing with unsatisfactory performance

36 Dealing with unsatisfactory performance

(1) The person who exercises employer functions (the employer) in relation to a person employed in a government sector agency (the employee) may not take any action under section 68 (2) of the Act in relation to the employee unless—

(a) the employee’s performance is determined by the employer to be unsatisfactory in accordance with the agency’s performance management system, and

(b) reasonable steps have been taken to advise the employee that the employee’s performance is unsatisfactory and the basis on which it is unsatisfactory, and

(c) the employee is notified that the employer is proposing to take specified action under section 68 (2) of the Act in respect of the employee, and

(d) the employee is given a reasonable opportunity to respond to the notice, and

(e) the employer has taken any such response into consideration.

(2) (Repealed)

rule 36: Am 2016 (422), Sch 1 [2]–[5]; 2017 (594), Sch 4 [3].