sec.28Conditions of employment on contract

sec.28 Conditions of employment on contract

Where appointment to an office within the parliamentary service is duly made under this Act upon a contract basis, the conditions of employment in that office— shall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and is to be governed by the contract of employment between the Clerk and the officer concerned; and shall not be subject to any industrial instrument or any determination or rule of an industrial tribunal. Where there has been made to any person an offer of a contract of employment with respect to the person’s employment in an office that under this Act is one to which appointment shall be made upon a contract basis it shall be deemed— where the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or where the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office; the person has made with the Clerk a contract of employment upon the conditions approved by the Clerk in relation to the office and conveyed to the person. If at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial instrument and the appointee shall hold the office accordingly. Where the contract of employment made or deemed to have been made with the Clerk by an officer of the parliamentary service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Clerk but not less than the level of salary at which the officer was employed at the time immediately before the officer first accepted employment upon a contract basis, adjusted to accord with movements in relation to salaries since that time and, if he or she does so elect, the officer shall renounce all entitlements secured to the officer by the contract of employment in the event of its termination in the circumstances in which the termination has occurred. Every such election— shall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and upon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4) . Subsections (4) and (5) apply only in relation to— an office of a prescribed class; and an officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous. s 28 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 57 ; 2016 No. 63 s 1157 sch 6 (sec.28-ssec.1) Where appointment to an office within the parliamentary service is duly made under this Act upon a contract basis, the conditions of employment in that office— shall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and is to be governed by the contract of employment between the Clerk and the officer concerned; and shall not be subject to any industrial instrument or any determination or rule of an industrial tribunal. (sec.28-ssec.2) Where there has been made to any person an offer of a contract of employment with respect to the person’s employment in an office that under this Act is one to which appointment shall be made upon a contract basis it shall be deemed— where the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or where the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office; the person has made with the Clerk a contract of employment upon the conditions approved by the Clerk in relation to the office and conveyed to the person. (sec.28-ssec.3) If at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial instrument and the appointee shall hold the office accordingly. (sec.28-ssec.4) Where the contract of employment made or deemed to have been made with the Clerk by an officer of the parliamentary service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Clerk but not less than the level of salary at which the officer was employed at the time immediately before the officer first accepted employment upon a contract basis, adjusted to accord with movements in relation to salaries since that time and, if he or she does so elect, the officer shall renounce all entitlements secured to the officer by the contract of employment in the event of its termination in the circumstances in which the termination has occurred. (sec.28-ssec.5) Every such election— shall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and upon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4) . (sec.28-ssec.6) Subsections (4) and (5) apply only in relation to— an office of a prescribed class; and an officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous.