38Directions to perform other work

#### 38 Directions to perform other work Where an employee has ceased to perform work, in accordance with a direction by a health and safety representative under paragraph 37(1)(b), not being a cessation of work that continues after: (a) the health and safety representative has agreed with a person supervising work at the workplace where the work was being performed, that the cessation of work was not, or is no longer, necessary; or (b) an investigator has, under subsection 37(4), made a decision that has the effect that the employee should perform the work; the employer may direct the employee to perform suitable alternative work, and the employee is to be taken, for all purposes, to be required to perform that other work under the terms and conditions of the employee’s employment.