46Remedial action

46 Remedial action (1) If permitted under section 44 to take action in relation to an employee, the Chief Executive Officer may: (a) take no further action; or (b) do one or more of the following: (i) order the employee to undertake training, counselling or other remedial activities the Chief Executive Officer considers appropriate in the circumstances; (ii) reduce the employee's salary within the range applicable for the employee's designation; (iii) under section 35: (A) transfer the employee to perform other duties in the Agency; or Public Sector Employment and Management Act 1993 35 (B) transfer, or request the Commissioner to transfer, the employee to perform duties in another Agency; or (c) terminate the employee's employment. (2) The employee must comply with an order made under subsection (1)(b)(i) within the period specified in the order. (3) The merit principle and section 36(3) do not apply in relation to a transfer under subsection (1)(b)(iii). Note for section 46(3) Because section 36(3) does not apply, a transfer may be made under section 46(1)(b)(iii) that results in a reduction in the employee's designation.