96Restrictions on engaging a person who has received a redundancy benefit

96  Restrictions on engaging a person who has received a redundancy benefit

 (1) A Secretary may engage as a Parliamentary Service employee a person who has received a redundancy benefit only if:

 (a) the Secretary considers that the person’s engagement is essential for the relevant Department’s operations, having regard to:

 (i) the nature of the duties to be performed; and

 (ii) the work‑related qualities of the person; and

 (b) if the person is to be engaged as an ongoing Parliamentary Service employee (including as an ongoing SES employee) or as a non‑ongoing SES employee—the Parliamentary Service Commissioner has approved the person’s engagement.

Note: For the meaning of work‑related qualities, see section 5.

 (2) In this section:

person who has received a redundancy benefit means a person who has received a redundancy benefit:

 (a) from a Department or an APS agency; and

 (b) for which the redundancy benefit period has not ended.

redundancy benefit means:

 (a) a severance payment, or similar payment, made to an employee on the ending of the employee’s employment; or

 (b) a payment made to an employee as a result of the shortening of a retention period; or

 (c) an incentive to retire payment under section 37 of the Act or section 37 of the Public Service Act 1999;

but does not include:

 (d) a payment made to an employee as redundancy pay under section 119 of the Fair Work Act 2009; or

 (e) a payment made to a person in lieu of notice of termination of employment.

Note: For the purposes of paragraph (d), the amount of the payment mentioned in that paragraph is known as the National Employment Standards redundancy amount.

redundancy benefit period, relating to a person’s redundancy benefit, means the period (rounded down to the nearest equivalent whole day):

 (a) beginning on the day after the person’s employment ends; and

 (b) ending on the last day at the end of the relevant number of weeks, where the relevant number is worked out using the following formula (rounded down to the nearest whole number):

  Start formula start fraction Gross amount of employee’s redundancy benefit over Weekly salary end fraction end formula

  where:

  weekly salary means:

 (a) for a person who has periods of full‑time and part‑time service and whose redundancy benefit is calculated on the basis of a part‑time weekly salary—the full‑time equivalent of the part‑time weekly salary; or