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Public Sector Act 2022
sec.202Provision for public service employees and amalgamations
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### sec.202 Provision for public service employees and amalgamations
This section applies if a department (the first department ) or a part of the first department is amalgamated with another department or a part of another department.
All public service employees in the first department, or the part of the first department, become employed in the other department unless the Governor in Council decides otherwise.
The following apply for each of the public service employees—
the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave;
the employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service;
the employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy;
the employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.
(sec.202-ssec.1) This section applies if a department (the first department ) or a part of the first department is amalgamated with another department or a part of another department.
(sec.202-ssec.2) All public service employees in the first department, or the part of the first department, become employed in the other department unless the Governor in Council decides otherwise.
(sec.202-ssec.3) The following apply for each of the public service employees— the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave; the employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service; the employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy; the employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.
- (a) the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave;
- (b) the employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service;
- (c) the employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy;
- (d) the employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.