CTHRepealedAct
Public Service Act 1922
87SCExcess employee applying for re‑appointment to Service
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##### 87SC Excess employee applying for re‑appointment to Service
(1) This section applies to a person to whom this Division applies and who:
(a) after the commencement of this section, becomes excess in relation to the employment because of which he or she is a person to whom this Division applies; and
(b) is notified, as prescribed, by the employing authority of the effect in relation to the person of the operation of this section; and
(c) applies to the Commissioner, before the end of 28 days after the date on which he or she so became excess or the date on which he or she was so notified, whichever is the later date, for re‑appointment to the Service; and
(d) is so re‑appointed.
(2) Any act or thing validly done by the employing authority in relation to the employment referred to in paragraph (1)(a) in respect of the compulsory or voluntary retirement or retrenchment, or possible compulsory or voluntary retirement or retrenchment, of the person from that employment is to be treated as if it had been the corresponding act or thing done by the relevant Secretary in respect of the person’s employment in the Service and had been validly done under the Public Service Redundancy Award.
(3) Without limiting the generality of subsection (2):
(a) the retention period provided for by the Public Service Redundancy Award in relation to the person’s employment in the Service is taken to have begun on the date on which he or she became excess as mentioned in paragraph (1)(a); and
(b) if the employing authority in relation to the employment referred to in paragraph (1)(a) makes a valid decision to pay to the person an amount in lieu of his or her continuing in that employment for the relevant retention period applicable in relation to that employment, then, upon the making of the decision, the retention period provided for by the Public Service Redundancy Award in relation to the person’s employment in the Service is taken to have expired.