7Minister may transfer eligible employee

7 Minister may transfer eligible employee

(1)  After the completion of a consultation in respect of an eligible employee under section 6 , the Minister may notify the eligible employee, in writing, that the eligible employee is a State Service employee of the Department on the terms and conditions specified in the notice.

(2)  If an eligible employee receives a notice under subsection (1)  –

(a) the eligible employee is taken, in accordance with Part 3 , to be a State Service employee of the Department; and

(b) the eligible employee is taken to be employed on the terms and conditions specified in the notice; and

(c) Part 3 applies in respect of the transfer of the employee to the Department as a State Service employee.

(3)  The Minister may withdraw a notice given to an eligible employee under subsection (1) if, before the employee transfer date for the employee, within the meaning of Part 3  –

(a) the employee ceases to be employed by the former employer; or

(b) the employee ceases to be employed by the former employer –

(i) to work at the private hospital specified in section 4(1)(b) ; or

(ii) in the position or role that forms the basis of the Minister giving the employee an eligibility notice under this Act; or

(c) other prescribed circumstances occur or exist.

(4)  For the avoidance of doubt, if the Minister withdraws a notice under subsection (3) in respect of an eligible employee –

(a) for the purposes of subsection (2) , the eligible employee is taken not to have received the withdrawn notice; and

(b) nothing prevents the Minister from giving that eligible employee –