Public Sector Act 2009
Subdiv 1Review of dismissal
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Subdivision 1—Review of dismissal 58—Application of unfair dismissal provisions of Fair Work Act (1) Chapter 3 Part 6 of the Fair Work Act 1994 (Unfair dismissal) applies in accordance with its terms to dismissal of a public sector employee. Note— Consequently, subject to Chapter 3 Part 6 of the Fair Work Act 1994, if a public sector agency dismisses an employee, the employee may, before the end of a period of 21 days from the date the dismissal takes effect, apply to SAET for relief under that Part. (2) If SAET, on application under Chapter 3 Part 6 of the Fair Work Act 1994 (Unfair dismissal) by an employee of a public sector agency, orders that the applicant be re‑employed but is satisfied, on the application of the public sector agency, that some other disciplinary action is appropriate to deal with misconduct of the employee, SAET may make an order that the agency take specified disciplinary action.