5Eligible employee may elect to transfer

5 Eligible employee may elect to transfer

(1)  An eligible employee who receives an eligibility notice may elect to transfer to the Department as a State Service employee.

(2)  An election under subsection (1) by an eligible employee –

(a) is to be made, in writing, in the manner and form specified in the eligibility notice; and

(b) may only be made –

(i) after the eligible employee has received an eligibility notice; and

(ii) before, or during, the transfer period.

(3)  If an eligible employee receives an eligibility notice and does not wish to transfer to the Department under this Act, the eligible employee is to notify the Minister, in writing and in accordance with the eligibility notice, of that fact.

(4)  The refusal of a transfer, made by an eligible employee under subsection (3)  –

(a) does not affect, and may not be used as grounds to affect, the eligible employee’s employment by the former employer; and

(b) does not prevent –

(i) the Minister from giving that eligible employee another eligibility notice under this Act; and

(ii) the eligible employee from making an election under subsection (1) in respect of a subsequent eligibility notice.