59Review of grievances

59 Review of grievances (1) An employee may: (a) where he or she is aggrieved by the intention of the employee's Chief Executive Officer to terminate the employee's employment on probation – within 14 days; or (aa) if aggrieved by a decision of the employee's Chief Executive Officer: (i) under section 44 to take remedial action of a kind mentioned in section 46(1)(b)(i); or (ii) under section 49A to take disciplinary action of a kind mentioned in section 49C(1)(b)(i) to (iv); within 14 days after notice of the decision is given to the (b) in any other case where the employee is aggrieved by his or her treatment in employment in the Public Sector – within 3 months after the action or decision by which he or she is aggrieved; request the Commissioner to review the action, intended action or decision complained of. (2) Subject to subsections (3) and (5A), the Commissioner must: (a) in a case referred to in subsection (1)(a) or (aa) – within 14 days; and (b) in any other case – within 3 months; after a request under subsection (1) is received, or such longer period as, in the Commissioner's opinion, the circumstances require, review the matter. Public Sector Employment and Management Act 1993 46 (3) Where the Commissioner believes that an employee making a request under subsection (1) has not taken adequate steps to seek redress of the grievance within the relevant Agency, the Commissioner may refer the matter to the Chief Executive Officer of the Agency for consideration within the time specified by the Commissioner and the Commissioner need not review the matter under this section until that time has expired. (4) Subject to this Act, the Commissioner has the powers necessary and convenient to deal with a request under this section, including the same powers and obligations in relation to a review as an appeal board has under section 59F in relation to an appeal. (5) After reviewing a matter under this section the Commissioner may: (a) confirm the action, intended action or decision; or (b) direct the Chief Executive Officer of the Agency concerned to take or refrain from taking, as the case requires, a specified action. (5A) The Commissioner may decline to review an action, intended action or decision if satisfied: (a) the request for review is frivolous, vexatious or not made in good faith; or (b) alternative proceedings: (i) have been commenced by, or on behalf of, the employee; and (ii) have neither: (A) been withdrawn; nor (B) failed for want of jurisdiction. (6) In this section, for the purpose of allowing a review under this section of treatment resulting in the termination of the employment in, or resignation from, the Public Sector of a former employee, employee includes a former employee. (7) In this section: alternative proceedings means proceedings under another Act or a law of the Commonwealth or of a State or another Territory, for a review of the action, intended action or decision. Public Sector Employment and Management Act 1993 47