Western Australian Industrial Relations Commission

Public Sector Management (Redeployment and Redundancy) Regulations 2014 “fairly and properly applied”

The Commission was recently required to determine whether regs 9 and 10 of the Public Sector Management (Redeployment and Redundancy) Regulations 2014 had been “fairly and properly applied” in relation to an employee who was notified of his formal designation as a redeployee following his return to work after an extended period of leave without pay.

The Senior Commissioner, in considering the terms of the statutory scheme in s 95 of the Public Sector Management Act 1994, when read with the Regulations, found there was no doubt the Department duly notified the employee by written notice that his position had been abolished, and that he may be transferred or registered in accordance with the Regulations. The Commission was satisfied that the Department paid due regard to the employee’s background skills and experience, in the context of his previous position with the Department, and considered his personal circumstances as best as they could be accommodated. It was accepted the Department also encouraged the employee to seek higher level positions.

The Commission found the Department afforded the employee a fair go, and the relevant provisions of the Regulations were fairly and properly applied.

Click here to read the decision.

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