New South Wales Consolidated Acts

GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 41

41 Termination of employment of senior executives

(1) The employer of a Public Service senior executive may terminate the employment of the executive at any time, for any or no stated reason and without notice.

Note : The employment of a senior executive may also be terminated for unsatisfactory performance under section 68 or for misconduct under section 69.

(2) A Public Service senior executive whose employment is terminated under this section is entitled to such compensation (if any) as may be provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment other than superannuation entitlements).

(3) A Public Service senior executive whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.

(4) The employment of the head of a Public Service agency that is related to a Department may not be terminated under this section by the Secretary of the Department unless the Secretary has consulted the Commissioner.

(5) In this section--

"employment" of a former executive in the public sector includes--

(a) engagement of the former executive as a consultant or contractor to the employer, and

(b) engagement of the former executive through a labour hire arrangement with the employer, and

(c) engagement of a company or partnership that provides the services of the former executive to the employer, and

(d) the appointment of the former executive to a statutory office.

"public sector" means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from this Act by section 5 are employed or a statutory office.

(6) To avoid doubt, subsection (3) has effect despite another Act or law unless the other Act or law explicitly provides that the subsection does not apply.