25Employment pending cessation of employment

25 Employment pending cessation of employment

25 Employment pending cessation of employment

(1) If a person who is employed in a government sector agency (the incumbent employee) notifies the person’s employer in writing that the person—

(a) intends to resign or retire from the employment on a specified date, or

(b) does not intend to seek re-employment on completion of the current term of employment,

the employer may, before the person ceases to be employed, take action to recruit and employ another person (the new employee) in that employment.

(2) The employment of the new employee may, if the instrument of employment so provides, take effect before the incumbent employee ceases to be employed.

(3) In any such case, the incumbent employee and the new employee—

(a) are both employed in the same role or position, and

(b) may jointly exercise the functions of that role or position.

(4) If in the joint exercise of any statutory function of that role or position any inconsistency arises in connection with the exercise of that function, the decision of the incumbent employee in relation to the matter prevails.