Public Sector Management Act 1994

This section applies to a former fixed-term employee if the former employee—

is exonerated; and

asks the head of service within a reasonable time, in writing, for the disciplinary action taken against the former employee to be overturned.

The head of service must consider the former employee’s request and—

do 1 or both of the following:

re-employ the former employee;

take other action reasonably necessary to overturn the disciplinary action; or

refuse the request.

For subsection (2) (a) (i), the head of service must employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before the person’s employment ended.

A former employee who is re-employed under this section must be paid, for the intervening period, the salary the employee was paid immediately before the head of service ended the employee’s employment.