sec.121Employee’s right to make additional request for review

### sec.121 Employee’s right to make additional request for review This section applies in relation to a public sector employee mentioned in section 120 (1) if— both of the following apply— the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on 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, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; the employee has not appealed against the decision under section 130 ; or the position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant. The public sector employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis. The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee first 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 refused the employee’s request as mentioned in subsection (1) (b) (i) ; or for subsection (1) (c) —within 3 months after the position becomes vacant. The employee’s chief executive must decide the request within 28 days after receiving the request. In making the decision, section 120 (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 refused the request. 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 120 . The commissioner must make a directive about the making of a decision under this section. (sec.121-ssec.1) This section applies in relation to a public sector employee mentioned in section 120 (1) if— both of the following apply— the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on 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, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; the employee has not appealed against the decision under section 130 ; or the position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant. (sec.121-ssec.2) The public sector employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis. (sec.121-ssec.3) The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee first 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 refused the employee’s request as mentioned in subsection (1) (b) (i) ; or for subsection (1) (c) —within 3 months after the position becomes vacant. (sec.121-ssec.4) The employee’s chief executive must decide the request within 28 days after receiving the request. (sec.121-ssec.5) In making the decision, section 120 (3) , (4) and (5) applies to the employee’s chief executive. (sec.121-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 refused the request. (sec.121-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 120 . (sec.121-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 120 not to employ the employee in the position at the higher classification level on 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 120 not to employ the employee in the position at the higher classification level on 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, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; (ii) the employee has not appealed against the decision under section 130 ; or - (i) the employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; - (ii) the employee has not appealed against the decision under section 130 ; or - (c) the position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant. - (i) the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on 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, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; - (ii) the employee has not appealed against the decision under section 130 ; or - (a) for subsection (1) (a) —within 3 months after the employee first 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 refused the employee’s request as mentioned in subsection (1) (b) (i) ; or - (c) for subsection (1) (c) —within 3 months after the position becomes vacant.