State Service Act 2000
51CUnderperformance, &c., of officer or employee
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51C Underperformance, &c., of officer or employee
[Section 51C Inserted by No. 19 of 2011, s. 9, Applied:17 Aug 2011]
(1) [Section 51C Subsection (1) amended by No. 42 of 2012, s. 26, Applied:04 Feb 2013] [Section 51C Subsection (1) amended by No. 42 of 2012, s. 26, Applied:04 Feb 2013] The Employer may issue an Employment Direction relating to –
(a) the responsibilities of the Head of Agency in relation to performance management and reporting on performance management; and
(b) [Section 51C Subsection (1) amended by No. 42 of 2012, s. 26, Applied:04 Feb 2013] the action that may be taken by the Head of Agency in relation to an officer or employee who is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, which may include recommending to the Employer the termination of the employment of the officer or employee; and
(c) the action that may be taken by the Head of Agency in recognising performance greater than the standard and requirements identified in the performance management plan relating to the officer or employee; and
(d) any matters contained in this Part.
(2) [Section 51C Subsection (2) amended by No. 42 of 2012, s. 26, Applied:04 Feb 2013] If the Head of Agency is of the opinion that an officer or employee employed in that Agency is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to take action with respect to the officer or employee in accordance with the Employment Direction issued under subsection (1) .
(3) [Section 51C Subsection (3) amended by No. 42 of 2012, s. 26, Applied:04 Feb 2013] If action is taken in accordance with the Employment Direction issued under subsection (1) with respect to an officer or employee, and the Head of the Agency in which the officer or employee is employed is of the opinion that the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to, by notice in writing, inform the officer or employee –