Public Sector Management Act 1994

This section applies if the person or body that considers an appeal under the temporary transfer appeal procedure mentioned in section 102 (2) decides that the appellant would be more efficient in performing the duties of the office than the person transferred to the office under section 100.

The person or body must provide written notice of the decision to—

the appellant; and

the person transferred under section 100; and

the head of service.

If the head of service receives a notice under subsection (2) the head of service must—

revoke the temporary transfer of the person transferred under section 100; and

temporarily transfer the appellant to the position.

A temporary transfer under this section—

takes effect when it is made; and

must be expressed to continue in force for the same period for which the revoked temporary transfer would have operated; and

is not subject to appeal.