43Review of employer-initiated transfers or secondments

43 Review of employer-initiated transfers or secondments

43 Review of employer-initiated transfers or secondments

(1) This rule applies in relation to the transfer or secondment of an administrative employee that has not been initiated by the employee (referred to in this rule as an employer-initiated transfer or secondment).

(2) The administrative employee in respect of whom an employer-initiated transfer or secondment applies may apply to the Commissioner 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 administrative employee to the service of a government sector agency does not have effect until the review is completed.

(4) An application by an administrative employee for the review of an employer-initiated transfer or secondment must be made:

(a) in writing to the Commissioner, 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 NSW Police Force senior executive (the reviewer) who was not involved in the decision to transfer or temporarily second the administrative employee to a 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 administrative 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 administrative employee), and

(b) to make such findings as the reviewer thinks appropriate.

(9) Any such findings are to be notified to the Commissioner.

(10) The Commissioner is to make a decision in relation to the matter subject to the review and notify the administrative employee in writing of the decision.