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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 78
Transfer of health service employees
(1) If a health service employee is transferred, the transfer has effect
unless the employee establishes reasonable grounds for refusing the transfer
to the satisfaction of the relevant employer.
(2) If the employee refuses the
transfer after failing to establish reasonable grounds for refusing the
transfer to the relevant employer’s satisfaction, the relevant employer may
end the employee’s employment by signed notice given to the employee.
(3)
If the employee establishes reasonable grounds to the relevant employer’s
satisfaction— (a) the transfer is cancelled; and
(b) the refusal must not
be used to prejudice the employee’s prospects for future promotion or
advancement.
(4) Subsection (5) applies to the transfer of a health
executive, or another health service employee if the employee is employed on
contract.
(5) The transfer has effect despite anything in the contract under
which the executive or employee is employed.
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