75Inability or performance matters

75 Inability or performance matters (a) notice was given to an employee under old section 44 before commencement; and (b) as at commencement the Chief Executive Officer had done neither of the following: (i) taken action under old section 46 or 48; (ii) decided not to take action under that section. (2) This section also applies if: (a) a Chief Executive Officer gave a direction to an employee under old section 48 before commencement; and (b) as at commencement the Chief Executive Officer had not taken action under old section 48(4) or (5). (3) Old Part 7 continues to apply in relation to the employee as if the 2011 Act had not commenced, subject to subsections (4) and (5). (4) If the employee is suspended under old section 47, new section 47(3) and (5)(b) apply as if the employee were suspended under new section 47. (5) The Chief Executive Officer may, under old section 46 take action of the kind described in new section 46(1)(b)(i) as well as, or instead of, action of the kind described in old section 46(1)(a) and (b). Public Sector Employment and Management Act 1993 57 (6) The continued application of old Part 7 under subsection (3) ceases when the Chief Executive Officer: (a) takes action under old section 46 or 48; or (b) decides not to take action under either of those sections. (7) A decision of the Chief Executive Officer under old Part 7 as applied by subsection (3) is subject to review or appeal under new