sec.39Retrenchment

sec.39 Retrenchment

Where the Clerk is satisfied that the services of a person, being an officer of or employee in the parliamentary service, can no longer be gainfully utilised in the position held by the person because the position has become redundant, and the Clerk is satisfied that— it is not practicable to retrain or redeploy that person; and the redundancy arrangements approved by the Clerk have been complied with in relation to that person; the Clerk may terminate the services of that person by way of retrenchment in accordance with those redundancy arrangements. Redundancy arrangements for the time being approved by the Clerk for the purposes of subsection (1) shall be comparable to the redundancy arrangements for the time being approved— in the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities; in the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities. s 39 amd 1995 No. 38 s 35 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2011 No. 24 s 64 ; 2022 No. 34 s 365 sch 3 (sec.39-ssec.1) Where the Clerk is satisfied that the services of a person, being an officer of or employee in the parliamentary service, can no longer be gainfully utilised in the position held by the person because the position has become redundant, and the Clerk is satisfied that— it is not practicable to retrain or redeploy that person; and the redundancy arrangements approved by the Clerk have been complied with in relation to that person; the Clerk may terminate the services of that person by way of retrenchment in accordance with those redundancy arrangements. (sec.39-ssec.2) Redundancy arrangements for the time being approved by the Clerk for the purposes of subsection (1) shall be comparable to the redundancy arrangements for the time being approved— in the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities; in the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities.

• (a) it is not practicable to retrain or redeploy that person; and
• (b) the redundancy arrangements approved by the Clerk have been complied with in relation to that person;
• (a) in the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities;
• (b) in the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities.