51Transfer of employee

51 Transfer of employee

S. 51(1) inserted by No. 2/2019 s. 29.

(1) An employee of a public service body or a public entity who has made a public interest disclosure and who believes on reasonable grounds that detrimental action will be, is being or has been taken against him or her in contravention of section 45 may request a transfer of employment in accordance with this section.

S. 51(2) inserted by No. 2/2019 s. 29.

(2) Subject to subsection (4), a public service body Head may transfer an employee of the public service body who has made a public interest disclosure to duties within—

(a) another public service body; or

(b) a public entity; or

(c) a different area of the same public service body—

on terms and conditions of employment that are no less favourable overall.

S. 51(3) inserted by No. 2/2019 s. 29.

(3) Subject to subsection (4), a public entity Head may transfer an employee of the public entity who has made a public interest disclosure to duties within—

(a) a public service body; or

(b) a different area of the same public entity—

on terms and conditions of employment that are no less favourable overall.

(4) An employee may only be transferred under subsection (2) or (3) if—

(a) the employee requests or consents to the transfer; and

(b) the public service body Head or the public entity Head (as the case may be) has reasonable grounds to suspect that detrimental action will be, is being or has been taken against the employee in contravention of section 45; and

(c) the public service body Head or the public entity Head (as the case may be) considers that the transfer of the employee will avoid, reduce or eliminate the risk of detrimental action being taken against the employee; and

(d) the Head of the public service body or public entity to which it is proposed to transfer the employee consents to the transfer.

(5) The transfer of an employee under subsection (2) or (3) may be permanent or for a fixed term.

(6) The transfer of an employee under subsection (2) or (3) does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.

(7) In this section, public entity, public entity Head, public service body and public service body Head have the same meanings as they have in the Public Administration Act 2004.