41Conduct of review by relevant Agency Head

#### 41 Conduct of review by relevant Agency Head (1) If an affected employee makes an application for review of an APS action to the relevant Agency Head under subsection 38(1) and the Agency Head: (a) does not refer the application to the Merit Protection Commissioner; and (b) considers that the employee is entitled to review under this Division; the Agency Head must review the action and attempt to resolve the employee’s concerns about the action. (2) Subject to the minimum requirements mentioned in subsection 47(1), the Agency Head may conduct the review in any manner the Agency Head thinks fit. (3) The Agency Head may: (a) confirm the action; or (b) vary the action; or (c) set the action aside and substitute a new action. (4) Subsection (3) does not limit the employer powers of the Agency Head in relation to the action or the affected employee. > Note: Example: The Agency Head may take other appropriate action to rectify effects of the action or restore the affected employee to the position in which the employee would have been if the action had not been taken. (5) The Agency Head must tell the employee, in writing, of: (a) the decision made on the application; and (b) the reasons for the decision; and (c) any action to be taken as a result of the review; and (d) the applicant’s right to apply to the Merit Protection Commissioner under section 43 for secondary review of the action.