The Full Bench held that where a NSW public sector agency terminates a temporary employee's employment for unsatisfactory performance, it must comply with s 68 of the GSE Act and r 36 of the GSE Rules, including following the agency's performance management system and giving the employee an opportunity to resign; s 47(2) cannot be used as an alternative statutory basis to circumvent these requirements. The opportunity to resign under s 68(2)(a) is mandatory, not discretionary, and a dismissal effected in breach of these procedural fairness requirements will generally be harsh, unreasonable or unjust for the purposes of s 84 of the IR Act. The Full Bench left open the question whether non-compliance with s 68 and r 36 renders a termination legally ineffective, as no party contended the termination was other than effective.
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