Redeployment decisions are equitable and take into account the organisation’s work-related requirements and employee interests.
The minimum Standard of merit, equity and probity is met for redeployment if:
- decisions are based on a proper assessment of the work-related requirements of the public sector bodies involved and identified employee interests
- redeployees are informed about their future options and how the process is to be managed
- decisions are impartial, transparent and capable of review.
The explanatory notes are a guide and are not part of the Redeployment Standard.
The Standard applies to the process used by an employing authority to make decisions about the treatment and management of affected employees.
The Standard is effective between the time the job is abolished or the person is deemed surplus, until the action on their future is completed. This may include transfer, registered employee status or severance.
The Standard does not apply to:
- Action taken about a ‘registered employee’, as provided for in the Public Sector Management (Redeployment and Redundancy) Regulations 1994.
- Sub-standard performance or disciplinary action. Redeployment must not be used to identify or relocate employees when performance is considered unsuitable.
- Decisions by employing authorities to abolish jobs.
Decision to abolish a job
While an employing authority’s decision to identify a job as surplus is not covered by the Standard, its actions must be consistent with the general principles in sections 8 and 9 of the Public Sector Management Act 1994. It remains open to an employee aggrieved by such a decision to lodge a grievance with the employing authority.
The Commissioner monitors and reports on the extent to which employing authorities properly examine such complaints.
Work-related requirements refer to the skills, knowledge and abilities required of the job, including consideration of the business needs of the relevant employing authorities.
Identifying employee interests does not oblige the employing authority to assent to them. They assist the employing authority to make informed decisions about the efficient and effective deployment of human resources. However, the Standard requires that employee interests are fairly assessed and considered in the decision-making process.
Employee interests could include:
- career considerations
- personal circumstances
- workplace location (for example, metropolitan to country location etc).
The redeployee remains the responsibility of the employing authority throughout the process.
Employees who have been identified as surplus are to be advised about access to appropriate support services and informed about their rights and responsibilities. Decisions to relocate an employee must not result in a loss of service continuity or employment tenure.
If an employing authority is unable to find alternative employment for the redeployee, the person may become a ‘registered employee’, as provided for in the Public Sector Management (Redeployment and Redundancy) Regulations 1994.
Information produced during the redeployment process is kept in trust and divulged only to those with a need to know, with due regard to the requirements of the Freedom of Information Act 1992.
Documentation about a redeployment decision should describe clearly and concisely the grounds upon which the decision was made.
|Reviewable decision||A decision made by a public sector body as a result of the completion of a process to which a Standard applies.|
|Registered employee||As provided for by the Public Sector Management (Redeployment and Redundancy) Regulations 1994.|
|Job||Reference to job in the Standards refers to an office, post, position, item or function in a public sector body, department or organisation.|
|Proper assessment||A genuine and thorough examination that takes into account all relevant facts and circumstances that are reasonably available and known at the time of the decision.|
Page last updated 25 September 2012