Human resource management principles
8 Human resource management principles
The principles of human resource management that are to be observed in and in relation to the Public Sector are that —
all selection processes are to be directed towards, and based on, a proper assessment of merit and equity; and
no power with regard to human resource management is to be exercised on the basis of nepotism or patronage; and
employees are to be treated fairly and consistently and are not to be subjected to arbitrary or capricious administrative acts; and
there is to be no unlawful discrimination against employees or persons seeking employment in the Public Sector on a ground referred to in the Equal Opportunity Act 1984 or any other ground; and
employees are to be provided with safe and healthy working conditions in accordance with the Work Health and Safety Act 2020.
In matters relating to —
the selection, appointment, transfer, secondment, classification, remuneration, redeployment, redundancy or termination of employment of an individual employee; or
the classification of a particular office, post or position,
in its department or organisation, an employing authority is not subject to any direction given, whether under any written law or otherwise, by the Minister responsible for the department or organisation, but shall, subject to this Act, act independently.
For the purposes of this Act a proper assessment of merit in a selection process must be carried out in accordance with the relevant Commissioner’s instructions and does not always require a competitive assessment of merit.
[Section 8 amended: No. 30 of 1995 s. 48; No. 39 of 2010 s. 9, 68 and 70; No. 36 of 2020 s. 366.]
9. Principles of conduct by public sector bodies etc.
The principles of conduct that are to be observed by all public sector bodies and employees are that they —
are to comply with the provisions of —
this Act and any other Act governing their conduct; and
the Commissioner’s instructions, public sector standards and codes of ethics; and
any code of conduct applicable to the public sector body or employee concerned;
and
are to act with integrity in the performance of official duties and are to be scrupulous in the use of official information, equipment and facilities; and
are to exercise proper courtesy, consideration and sensitivity in their dealings with members of the public and employees.
[Section 9 amended: No. 39 of 2010 s. 10 and 70.]
[Division 2 (s. 10‑15) deleted: No. 39 of 2010 s. 11.]
[Division 3 heading deleted: No. 39 of 2010 s. 11.]
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