Effect of movement of health service chief executives
12 Effect of movement of health service chief executives
If a health service chief executive is moved under section 8, the movement has effect unless the health service chief executive establishes reasonable grounds for refusing the movement to the satisfaction of the following—
if the movement is by agreement under section 8(2)—the chair of the board of the Service from which the health service chief executive is moved;
if the movement is by written direction under section 8(3)—the Minister.
A health service chief executive must be given a reasonable time to establish reasonable grounds for refusing the movement.
Subsection (4) applies if the health service chief executive refuses the movement after failing to establish reasonable grounds for refusing the movement.
The chair of the board for the Service from which the health service chief executive is moved—
if the movement is by agreement under section 8(2)—may end the health service chief executive’s employment by signed notice given to the health service chief executive; or
if the movement is by written direction under section 8(3)—must end the health service chief executive’s employment by signed notice given to the health service chief executive.
If the health service chief executive establishes reasonable grounds for refusing the movement—
the movement is cancelled; and
the refusal must not be used to prejudice the health service chief executive’s prospects for future promotion or advancement.
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