119Action by Secretary

119  Action by Secretary

 (1) If a Secretary receives a recommendation in relation to a determination under section 118, the Secretary must, as soon as reasonably practicable after receiving the recommendation:

 (2) For the purposes of paragraph (1)(b), the Secretary may:

 (a) confirm the determination; or

 (b) vary the determination; or

 (c) set the determination aside and substitute a new determination.

 (3) If the Secretary acts in accordance with the recommendation, the Secretary is not required to seek the view of the affected former employee before acting on the recommendation.

Note: The views of the affected former employee should have been sought by the Merit Protection Commissioner during the review in accordance with the principles of procedural fairness.

 (4) Subsection (2) does not limit the employer powers of the Secretary in relation to the determination or the affected former employee.

Example: The Secretary may take other appropriate action to rectify effects of the determination or restore the affected former employee to the position in which the affected former employee would have been if the determination had not been made.

 (5) If, after considering the recommendation:

 (a) the Secretary considers making a finding of a breach of the Code of Conduct; and

 (b) the Secretary had not made the finding before the recommendation was made; and

 (c) the finding was not mentioned in the recommendation;

the Secretary must comply with the procedures established under subsection 15(3) of the Act before deciding whether to make the finding.

 (6) The Secretary must tell the affected former employee and the Merit Protection Commissioner in writing of:

 (a) the decision mentioned in paragraph (1)(b); and

 (b) the reasons for the decision.