Public Sector Employment and Management Act 1993

(1) Where a Chief Executive Officer is unable under section 35 or 42 to transfer an ongoing employee declared under section 41(1) to be potentially surplus, the Chief Executive Officer may request the Commissioner to exercise the Commissioner's powers under this section.

(2) Where the Commissioner receives a request under subsection (1), the Commissioner may:

(i) direct the Chief Executive Officer to take such steps in relation to the training and redeployment of the employee, within such time, as the Commissioner thinks fit;

(ii) give any other Chief Executive Officer directions relating to the transfer of the employee under section 35; or

(b) direct the Chief Executive Officer to terminate the employment of the employee in the Public Sector on such conditions as the Commissioner thinks fit.