35Transfers

35 Transfers (1) The Chief Executive Officer of an Agency may transfer an employee employed in the Agency to perform other duties in the Agency, being duties the Chief Executive Officer considers the

Public Sector Employment and Management Act 1993 27 employee is capable of performing and is competent and qualified to perform, and those duties may be required to be performed in a different locality from the duties previously being performed by the (2) The Chief Executive Officer of an Agency (Agency A) may, with the agreement of the Chief Executive Officer of another Agency (Agency B), transfer an employee in Agency A to perform duties normally performed or to be performed by employees of the same designation in Agency B, being duties both Chief Executive Officers consider the employee is capable of performing and is competent and qualified to perform, and those duties may be required to be performed in a different locality from the duties previously being performed by the employee. (3) The Commissioner may transfer an employee from performing duties in one Agency to perform duties in another Agency, and those duties may be required to be performed in a different locality from the duties previously being performed by the employee. (4) A transfer under this section may be ongoing or for a fixed period. (6) An employee transferred under this section must not refuse to commence the duties which the employee is transferred to perform in accordance with the directions given to the employee by the relevant Chief Executive Officer or the Commissioner, as the case may be. (7) The merit principle does not apply in relation to the exercise of a power under this section.