sec.47Relocation of public service employee

### sec.47 Relocation of public service employee This section gives a public service employee a right to apply for relocation. The application must be made on the ground that— it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee. The application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 . For the purposes of subsection (3) — the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) . If the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department. The industrial relations commission can not direct that the employee be relocated without the agreement of— the public service employee; and if the relocation is to another department—the other department’s chief executive. For subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee. s 47 amd 2012 No. 22 s 13 ; 2020 No. 35 s 16 ; 2022 No. 34 s 365 sch 3 (sec.47-ssec.1) This section gives a public service employee a right to apply for relocation. (sec.47-ssec.2) The application must be made on the ground that— it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee. (sec.47-ssec.3) The application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 . (sec.47-ssec.4) For the purposes of subsection (3) — the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) . (sec.47-ssec.5) If the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department. (sec.47-ssec.6) The industrial relations commission can not direct that the employee be relocated without the agreement of— the public service employee; and if the relocation is to another department—the other department’s chief executive. (sec.47-ssec.7) For subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee. - (a) it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and - (b) the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee. - (a) the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and - (b) the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) . - (a) the public service employee; and - (b) if the relocation is to another department—the other department’s chief executive.