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HOSPITAL AND HEALTH BOARDS REGULATION 2023 - REG 11
Effect of movement of health service employees other than health service chief executives
11 Effect of movement of health service employees other than health service
chief executives
(1) If a health service employee is moved under section 7 , the movement has
effect unless the employee establishes reasonable grounds for refusing the
movement to the satisfaction of— (a) if the movement is by agreement under
section 7 (2) (a) —the chief executive of the health system employer from
which the employee is moved; or
(b) if the movement is by written direction
under section 7 (2) (b) —the chief executive of the department.
(2) The
health service employee must be given a reasonable time to establish
reasonable grounds for refusing the movement.
(3) Subsection (4) applies if
the health service employee refuses the movement after failing to establish
reasonable grounds for refusing the movement.
(4) The relevant chief
executive of the health system employer from which the employee is moved—
(a) if the movement is by agreement under section 7 (2) (a) —may end the
employee’s employment by signed notice given to the employee; or
(b) if the
movement is by written direction under section 7 (2) (b) —must end the
employee’s employment by signed notice given to the employee.
(5) If the
employee establishes reasonable grounds for refusing the movement— (a) the
movement is cancelled; and
(b) the refusal must not be used to prejudice the
employee’s prospects for future promotion or advancement.
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