New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 97

97 Notice of certain decisions etc

(1) This section applies to the following decisions made by a public sector employer in relation to a public sector employee--

(a) a decision to defer, for a period in excess of 6 months, the payment of an increment to the employee,

(b) a decision to reduce the rank, classification, position, grade or pay of the employee,

(c) a decision to impose a fine or forfeit pay,

(d) a decision to annul the appointment of an employee appointed on probation,

(e) a decision to suspend the employee as a punishment where the employee is held to be guilty of misconduct or contravention of any law or any rule or direction of the employer,

(f) a decision to dismiss the employee,

(g) a decision to direct or to require the employee to resign.

(2) A public sector employer who makes a decision to which this section applies in relation to an employee must give the employee notice, in writing, of the decision as soon as practicable after the decision is made, except as otherwise provided by an order made under subsection (4).

(3) If the employer is unable to give the employee notice of the decision within 14 days after it is made, the employer may apply to the Commission for an order as to the giving of the notice.

(4) On receipt of an application under subsection (3), the Commission may make such order as the Commission thinks fit as to the giving of the notice or may make an order dispensing with the giving of the notice.

(5) A notice may be given, or the giving of a notice may be dispensed with, in accordance with an order made under subsection (4).

(6) In subsection (1) (f)--

"dismiss" includes dispensing with the services of an employee (including under any right or power of the Crown to dispense with the services of an employee).

(7) For the purposes of this Division--

(a) a decision of a kind referred to in subsection (1) (d), (f) or (g) is a decision that may, subject to this Act, be appealed against under section 98 regardless of whether the decision was made for disciplinary reasons, and

(b) a reference to a public sector employer making a decision of a kind referred to in subsection (1) includes a reference to any other person (including the Crown) who is authorised by or under any law to make that decision or to carry it into effect.