sec.116Employee’s right to make additional request for review

### sec.116 Employee’s right to make additional request for review This section applies in relation to a public sector employee mentioned in section 113 (1) if— both of the following apply— the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; the employee considers the employee may have become suitable to perform the role; or both of the following apply— the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; the employee has not appealed against the decision under section 130 . The public sector employee may ask the employee’s chief executive to decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis. The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or for subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) . The employee’s chief executive must decide the request within 28 days after receiving the request. In making the decision— if the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and if the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive. If the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment. The employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 114 or 115 . The commissioner must make a directive about the making of a decision under this section. (sec.116-ssec.1) This section applies in relation to a public sector employee mentioned in section 113 (1) if— both of the following apply— the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; the employee considers the employee may have become suitable to perform the role; or both of the following apply— the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; the employee has not appealed against the decision under section 130 . (sec.116-ssec.2) The public sector employee may ask the employee’s chief executive to decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis. (sec.116-ssec.3) The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or for subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) . (sec.116-ssec.4) The employee’s chief executive must decide the request within 28 days after receiving the request. (sec.116-ssec.5) In making the decision— if the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and if the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive. (sec.116-ssec.6) If the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment. (sec.116-ssec.7) The employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 114 or 115 . (sec.116-ssec.8) The commissioner must make a directive about the making of a decision under this section. - (a) both of the following apply— (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; (ii) the employee considers the employee may have become suitable to perform the role; or - (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; - (ii) the employee considers the employee may have become suitable to perform the role; or - (b) both of the following apply— (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; (ii) the employee has not appealed against the decision under section 130 . - (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; - (ii) the employee has not appealed against the decision under section 130 . - (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; - (ii) the employee considers the employee may have become suitable to perform the role; or - (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; - (ii) the employee has not appealed against the decision under section 130 . - (a) continue the employee’s employment according to the terms of the employee’s existing employment; or - (b) offer to convert the employee’s employment to a permanent basis. - (a) for subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or - (b) for subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) . - (a) if the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and - (b) if the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive.