Expiry of contract of employment
9 Expiry of contract of employment
For the purposes only of a statutory superannuation scheme, a contract officer whose contract of employment does not include a right of return to the public sector—
must be taken to have been retrenched on the expiry of that contract if a new contract of employment has not been offered to the officer or the officer is only offered a new contract of employment with terms and conditions that are less favourable to the officer than those of the expired contract and the officer has not accepted the offer; and
must be taken to have resigned on the expiry of that contract if a new contract of employment has been offered to the officer (with terms and conditions that are no less favourable to the officer than those of the expired contract) and the officer has not accepted the offer.
For the purposes only of a statutory superannuation scheme, a contract officer whose contract of employment includes a right of return to the public sector—
must be taken to have been retrenched on the expiry of that contract if, before that expiry—
s. 9
a new contract of employment has not been offered to the officer or the officer is only offered a new contract of employment with terms and conditions that are less favourable to the officer than those of the expired contract and the officer has not accepted the offer; and
the officer has not exercised the right of return; and
must be taken to have resigned on the expiry of that contract of employment if, before that expiry—
S. 9(2)(b)(i) amended by No. 50/1997 s. 18(5).
a new contract of employment has been offered to the officer (with terms and conditions that are no less favourable to the officer than those of the expired contract) and the officer has not accepted the offer; and
the officer has not exercised the right of return.
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