sec.78Transfer of health service employees

### sec.78 Transfer of health service employees If a health service employee is transferred, the transfer has effect unless the employee establishes reasonable grounds for refusing the transfer to the satisfaction of the relevant employer. If the employee refuses the transfer after failing to establish reasonable grounds for refusing the transfer to the relevant employer’s satisfaction, the relevant employer may end the employee’s employment by signed notice given to the employee. If the employee establishes reasonable grounds to the relevant employer’s satisfaction— the transfer is cancelled; and the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement. Subsection (5) applies to the transfer of a health executive, or another health service employee if the employee is employed on contract. The transfer has effect despite anything in the contract under which the executive or employee is employed. s 78 amd 2012 No. 9 s 33 ; 2013 No. 61 s 97 (sec.78-ssec.1) If a health service employee is transferred, the transfer has effect unless the employee establishes reasonable grounds for refusing the transfer to the satisfaction of the relevant employer. (sec.78-ssec.2) If the employee refuses the transfer after failing to establish reasonable grounds for refusing the transfer to the relevant employer’s satisfaction, the relevant employer may end the employee’s employment by signed notice given to the employee. (sec.78-ssec.3) If the employee establishes reasonable grounds to the relevant employer’s satisfaction— the transfer is cancelled; and the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement. (sec.78-ssec.4) Subsection (5) applies to the transfer of a health executive, or another health service employee if the employee is employed on contract. (sec.78-ssec.5) The transfer has effect despite anything in the contract under which the executive or employee is employed. - (a) the transfer is cancelled; and - (b) the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.