44Inability or unsatisfactory performance

44 Inability or unsatisfactory performance (1) There are inability or performance grounds for an employee if the employee: (a) is not able to perform the duties he or she is assigned to perform (whether because of physical or mental illness or disability or any other reason); or

Public Sector Employment and Management Act 1993 32 (b) is not suited to perform, or capable of efficiently performing, those duties; or (c) is not licensed, registered or otherwise qualified for the efficient and satisfactory performance of those duties; or (d) is not performing those duties efficiently or satisfactorily. (2) If the Chief Executive Officer of an Agency is satisfied, on reasonable grounds, that there are inability or performance grounds for an employee in the Agency, the Chief Executive Officer may take action in relation to the employee under section 46(1). (3) In determining whether there are inability or performance grounds for an employee, the Chief Executive Officer must have regard to: (a) the performance and conduct principle; and (b) the employee's performance record under the Agency's employee performance management and development system as mentioned in section 24(3)(f); and (c) any other matter the Chief Executive Officer considers relevant. (4) For determining whether there are reasonable grounds as mentioned in subsection (2), the Chief Executive Officer may, subject to the Employment Instructions, do one or more of the the Chief Executive Officer considers appropriate; (b) consult with persons as the Chief Executive Officer considers (c) make inquiries as the Chief Executive Officer considers (d) if applicable, obtain a report from a health practitioner under section 45. (5) The Chief Executive Officer must not take remedial action in relation to an employee unless satisfied: (a) the action is appropriate and reasonable in the circumstances; and

Public Sector Employment and Management Act 1993 33 (b) the employee: (6) As soon as practicable after making a decision under subsection (2), the Chief Executive Officer must give written notice (7) If the decision is to take remedial action, the notice must: (b) inform the employee of the employee's right to request a review under section 59 or to appeal under section 59A (as appropriate). (8) A decision to take remedial action takes effect on the day the notice is given to the employee or a later day specified in the notice.