Effect of movement of health service employees other than health service chief executives
11 Effect of movement of health service employees other than health service chief executives
If a health service employee is moved under section 7, the movement has effect unless the employee establishes reasonable grounds for refusing the movement to the satisfaction of—
if the movement is by agreement under section 7(2)(a)—the chief executive of the health system employer from which the employee is moved; or
if the movement is by written direction under section 7(2)(b)—the chief executive of the department.
The health service employee must be given a reasonable time to establish reasonable grounds for refusing the movement.
Subsection (4) applies if the health service employee refuses the movement after failing to establish reasonable grounds for refusing the movement.
The relevant chief executive of the health system employer from which the employee is moved—
if the movement is by agreement under section 7(2)(a)—may end the employee’s employment by signed notice given to the employee; or
if the movement is by written direction under section 7(2)(b)—must end the employee’s employment by signed notice given to the employee.
If the employee establishes reasonable grounds for refusing the movement—
the movement is cancelled; and
the refusal must not be used to prejudice the employee’s prospects for future promotion or advancement.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.