85Conduct of review by relevant Secretary

85  Conduct of review by relevant Secretary

 (1) If an affected employee applies for review of a Parliamentary Service action to the relevant Secretary under subsection 82(1) and the Secretary:

 (a) does not refer the application to the Merit Protection Commissioner; and

 (b) considers that the employee is entitled to review under this Division;

the Secretary must review the action and attempt to resolve the employee’s concerns about the action.

 (2) Subject to the minimum requirements mentioned in subsection 91(1), the Secretary may conduct the review in any manner the Secretary thinks fit.

 (3) The Secretary may:

 (a) confirm the action; or

 (b) vary the action; or

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

 (4) Subsection (3) does not limit the employer powers of the Secretary in relation to the action or the affected employee.

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

 (5) The Secretary must tell the employee in, writing, of:

 (a) the decision made on the application; and

 (b) the reasons for the decision; and

 (c) any action to be taken as a result of the review; and

 (d) the applicant’s right to apply to the Merit Protection Commissioner under section 87 for secondary review of the action.