32Probation for ongoing employees

32 Probation for ongoing employees (1) Subject to this section, an ongoing employee is employed on probation for 6 months commencing on the day on which the person commences duty under the employment. (2) The Chief Executive Officer of an Agency may employ an ongoing employee without probation: (a) where, in the opinion of the Chief Executive Officer, the person merits employment without probation; or (b) where employment without probation is authorised by or under this or any other Act. (3) Where an employee has been on probation for 6 months or an extension of that period under paragraph (c), the Chief Executive Officer must: (a) confirm the employment, and the employee ceases to be on probation; or (b) terminate the employment; or (c) extend the probation for a further period not exceeding 6 months or, where under subsection (4) a maximum period of probation has been determined in relation to the class of employee to which the employee belongs, for the period the Chief Executive Officer thinks fit, but so that the total period of Public Sector Employment and Management Act 1993 24 probation does not exceed that maximum. (4) For subsection (3)(c), the Commissioner may determine, in relation to a class of employees, a maximum period for which an employee of that class may be employed on probation. (5) At any time during which an employee is employed on probation in an Agency, the Chief Executive Officer of the Agency may: (a) confirm the employment, and the employee ceases to be on probation; or (b) terminate the employment. (6) The Chief Executive Officer must not take action under subsection (3)(b) or (5)(b) unless the Chief Executive Officer has given the employee not less than 14 days notice of the Chief Executive Officer's intention to take the action and: (a) the employee has waived the right to request the Commissioner to review the Chief Executive Officer's intention to take the action or the period within which the employee may make the request has expired and no such request has been made; or (b) if such a request has been made, the Commissioner has confirmed the intended action or the request has been withdrawn. (7) If, at the end of an employee's period of probation, the Chief Executive Officer does not take action as mentioned in subsection (3): (a) for an employee whose period of probation has not previously been extended – the employee's period of probation is extended for the maximum period for which it could have been extended under subsection (3)(c); or (b) for an employee whose period of probation has already been extended on one or more occasions – the employee's employment is confirmed and the employee ceases to be on probation. (8) In determining the period for which an employee has been on probation, the following periods must be disregarded: (a) any period during which the employee is on leave without pay; (b) any period during which the employee is suspended (with or without remuneration); Public Sector Employment and Management Act 1993 25 (c) if section 38 applies to the employee – the period between his or her resignation and re-employment under that section; (d) if the employee is absent from normal duties for a total of 6 weeks – any subsequent period of absence from normal duties. (9) For subsection (8)(d), an employee is absent from normal duties if the employee: (a) is on leave with pay; or (b) is temporarily transferred to perform other duties; or (c) is otherwise not performing the duties he or she was employed to perform but is still receiving his or her normal remuneration and is not suspended.