QLDIn ForceAct
Public Interest Disclosure Act 2010
sec.45Reasonable management action not prevented
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### sec.45 Reasonable management action not prevented
Nothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure.
However, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure.
In this section—
manager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee.
reasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager—
a reasonable appraisal of the employee’s work performance;
a reasonable requirement that the employee undertake counselling;
a reasonable suspension of the employee from the employment workplace;
a reasonable disciplinary action;
a reasonable action to transfer or deploy the employee;
a reasonable action to end the employee’s employment by way of redundancy or retrenchment;
a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ;
a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.
(sec.45-ssec.1) Nothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure.
(sec.45-ssec.2) However, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure.
(sec.45-ssec.3) In this section— manager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee. reasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager— a reasonable appraisal of the employee’s work performance; a reasonable requirement that the employee undertake counselling; a reasonable suspension of the employee from the employment workplace; a reasonable disciplinary action; a reasonable action to transfer or deploy the employee; a reasonable action to end the employee’s employment by way of redundancy or retrenchment; a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ; a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.
- (a) a reasonable appraisal of the employee’s work performance;
- (b) a reasonable requirement that the employee undertake counselling;
- (c) a reasonable suspension of the employee from the employment workplace;
- (d) a reasonable disciplinary action;
- (e) a reasonable action to transfer or deploy the employee;
- (f) a reasonable action to end the employee’s employment by way of redundancy or retrenchment;
- (g) a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ;
- (h) a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.