76ZAppeals

76Z Appeals

(1) An employee to whom a notice under section 76W has been given (not being an employee who, before receiving the notice, consented in writing to the giving of the notice) may, within 14 days after receiving the notice, appeal to an Appeal Committee against the giving of the notice, on the ground that the employment of the employee in a lower capacity, or the retirement of the employee, as the case requires, would be unreasonable.

(2) Where an employee appeals to an Appeal Committee against the giving of a notice, an Appeal Committee shall hear and determine the appeal and may:

(a) confirm the notice; or

(b) revoke the notice.

76ZA Taking effect of notices under section 76W

(1) In this section:

(a) a reference to action taken in relation to an employee under section 76W is a reference to:

(i) the proposed alteration of his or her employment with the Authority under that section so that he or she would be employed in a lower capacity; or

(ii) the proposed retirement of the employee from the Authority under that section;

and, for the purposes of this section:

(iii) the matter referred to in each of the paragraphs in subsection 76W (4) shall be regarded as a ground for that action; and

(iv) a reference to the ground of invalidity is a reference to the matter referred to in paragraph 76W (4) (a);

(b) a reference to an appeal in relation to a notice given under section 76W is a reference to an appeal under section 76Z against the giving of that notice;

(c) a reference to the appeal period is a reference to the period referred to in section 76Z.

(2) For the purposes of subsection 76W (3):

(a) where an employee has consented to action being taken in relation to the employee under section 76W on the ground of invalidity — a notice given to the employee by the Authority under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the employee and the Authority, whether before or after the day on which the notice is given to the employee; and

(b) where an employee has consented to action being taken in relation to the employee under section 76W on any other ground — a notice given to the employee by the Authority under that section for the purpose of that action takes effect on any day specified in the notice and agreed between the employee and the Authority, being a day no earlier than the day on which the notice is given to the employee.

(3) For the purposes of subsection 76W (3), where an employee has not consented to action being taken in relation to the employee under section 76W on the ground of invalidity, a notice given to the employee by the Authority under that section for the purposes of that action takes effect: