Compensation if executive has no right of return
133 Compensation if executive has no right of return
This section applies to a person —
who ceases to be an executive, otherwise than by reason of —
the revocation of a determination under section 105(3); or
termination of employment in the Public Sector, or dismissal, under this Act for substandard performance or breach of discipline,
before the executive’s contract of employment expires by effluxion of time; and
who does not have a right of return within the meaning of section 132.
An employee dismissed under Part 10 is, for the purposes of subsection (1)(a)(ii), to be taken to have been dismissed for breach of discipline.
A person to whom this section applies is entitled to such compensation, if any, as the Department CEO determines by reference to the remuneration to which that person is entitled for a particular period ending immediately before the day referred to in subsection (4).
The maximum compensation payable to a person under this section is an amount equal to the remuneration to which the person is entitled for the period of one year ending immediately before the day on which the person ceased to be an executive in the manner specified in subsection (1)(a).
This Act’s bill:Explanatory memorandumSecond reading speech
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