State Service Act 2000
47Redeployment
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47 Redeployment
(1) If a Head of Agency considers a permanent employee employed in the Agency to be surplus to the requirements of the Agency, the Head of Agency is to –
(a) [Section 47 Subsection (1) amended by No. 42 of 2012, s. 21, Applied:04 Feb 2013] advise the employee, in writing, of the Head of Agency's intention to recommend to the Employer that the employee be made available for redeployment and the reasons for that intention; and
(b) request the employee to provide a response, within 14 days of being so advised, to the Head of Agency.
(2) [Section 47 Subsection (2) amended by No. 42 of 2012, s. 21, Applied:04 Feb 2013] At the expiration of the period of 14 days referred to in subsection (1) , if the Head of Agency, after considering the employee's response (if any), decides that the employee is surplus to the requirements of the Agency, the Head of Agency may recommend to the Employer that the employee be made available for redeployment.
(3) [Section 47 Subsection (3) amended by No. 42 of 2012, s. 21, Applied:04 Feb 2013] When making a recommendation under subsection (2) , the Head of Agency is to forward any employee's response referred to in subsection (1)(b) to the Employer.
(4) [Section 47 Subsection (4) amended by No. 42 of 2012, s. 21, Applied:04 Feb 2013] If the Employer accepts the recommendation, the Employer is to take such action as the Employer considers reasonable and practicable to identify duties in the State Service which could be assigned to the employee.
(5) [Section 47 Subsection (5) amended by No. 42 of 2012, s. 21, Applied:04 Feb 2013] The Employer may assign duties in the State Service to the employee –
(a) having regard to the aptitude, knowledge, skills, qualifications and experience of the employee; and