New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 68
Unsatisfactory performance of government sector employees
(1) The government sector employment rules may deal with the procedural
requirements for dealing with unsatisfactory performance (consistently with
procedural fairness).
(2) If the performance of an employee of a
government sector agency is determined to be unsatisfactory in accordance with
those rules, the person who exercises employer functions in relation to the
employee may (without limitation on relevant action) take any of the following
actions-- (a) terminate the employment of the employee (after giving the
employee an opportunity to resign),
(b) reduce the remuneration payable to
the employee,
(c) reduce the classification or grade of the employee,
(d)
assign the employee to a different role.
(3) This section does not apply to
that part of the NSW Police Force comprising police officers or to any
employees of a government sector agency excluded from this section by the
regulations.
(4) Without limiting the action that may be taken under this
section by the person who exercises employer functions in relation to a NSW
Health Service senior executive, the Secretary of the Ministry of Health may,
if the Secretary is not the employer of the executive, terminate the
executive's employment under this section.
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