49CDisciplinary action

49C Disciplinary action (1) If permitted under section 49A to take action against an employee, the Chief Executive Officer may: (a) take no further action; or (b) do one or more of the following: (i) formally caution the employee; (ii) order the employee to undertake training, counselling or other remedial activities the Chief Executive Officer considers appropriate in the circumstances; Public Sector Employment and Management Act 1993 41 (iii) require the employee to forego a benefit or entitlement arising from the employee's employment (other than a benefit or entitlement arising under an Act or award) for a period not exceeding one month; (iv) order the employee to pay a fine of an amount not exceeding the employee's remuneration for 10 days; (v) reduce the employee's salary within the range applicable for the employee's designation; (vi) under section 35: (A) transfer the employee to perform other duties in the Agency; or (B) transfer, or request the Commissioner to transfer, the employee to perform duties in another Agency; (vii) if the employee was suspended without remuneration under section 49E – order all or part of that period of suspension to be taken to be suspension imposed under this section; (viii) suspend the employee without remuneration for a period the Chief Executive Officer considers appropriate; or (c) terminate the employee's employment. (2) The employee must comply with an order made under subsection (1)(b)(ii) or (iv) 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)(vi). Note for subsection (3) Because section 36(3) does not apply, a transfer may be made under section 49C(1)(b)(vi) that results in a reduction in the employee's designation. (4) An employee who is suspended under subsection (1)(b)(viii) does not accrue any leave for the period of the suspension.