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Public Sector Management Act
140Re-employment of employee after quashing etc of
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140 Re-employment of employee after quashing etc of
conviction
(1) This section applies to a former fixed-term employee if the former
employee—
(b) asks the head of service within a reasonable time, in writing, for
the disciplinary action taken against the former employee to be
overturned.
(2) The head of service must consider the former employee’s request
and—
(a) do 1 or both of the following:
(i) re-employ the former employee;
(ii) take other action reasonably necessary to overturn the
disciplinary action; or
(b) refuse the request.
(3) For subsection (2) (a) (i), the head of service must employ the person
in the same or a similar capacity with the same rate of pay as that
payable to the person immediately before the person’s employment
ended.
(4) A former employee who is re-employed under this section must be
paid, for the intervening period, the salary the employee was paid
immediately before the head of service ended the employee’s
employment.
Former employee Division 7.4