47Employee may be suspended pending decision

47 Employee may be suspended pending decision (1) This section applies if the Chief Executive Officer of an Agency: (a) suspects there are inability or performance grounds for an employee in the Agency; and (b) has not yet made a decision under section 44(2); and (c) is of the opinion that the suspected inability or performance grounds are of such a serious nature that the employee should not continue performing the duties he or she is assigned to perform pending the making of that decision. (2) The Chief Executive Officer may suspend the employee: (a) for a period or periods not exceeding a total of 6 months; and (b) with or without remuneration. (3) The Commissioner may: (a) extend the period of the suspension for any further period or periods the Commissioner thinks fit; or (b) if the suspension imposed by the Chief Executive Officer has lapsed or been revoked – resuspend the employee for any further period or periods the Commissioner thinks fit. (4) A suspension ceases when any of the following occurs: (a) the period of the suspension expires; (b) the Chief Executive Officer makes a decision under section 44(2); Public Sector Employment and Management Act 1993 36 (c) the Chief Executive Officer or Commissioner revokes the suspension. (5) An employee who is suspended under this section: (a) does not accrue any leave for the period of the suspension; but (b) may, during the period of the suspension, take any long service or recreation leave to which the employee was entitled at the time the suspension was imposed. (6) If the Chief Executive Officer makes a decision under section 44(2) in relation to an employee suspended under this section: (a) the employee must be credited with any leave that would have accrued to the employee for the period of the suspension had the employee not been suspended; and (b) if the suspension was without remuneration for any period – the employee must be paid the remuneration to which the employee would have been entitled for that period had the employee not been suspended; and (c) if the employee took leave as mentioned in subsection (5)(b) – the employee must be re-credited with the leave so taken. (7) Subsection (6) does not apply if the employee's employment is terminated under section 46(1)(c).