New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 23

23 Notice of certain decisions etc

(1) Where, in relation to an employee, an employer makes a decision:

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

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

(c) to impose a fine or forfeit pay,

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

(e) 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) to dismiss the employee, or

(g) to direct or to require the employee to resign,

the employer shall, except as may be otherwise provided by an order made under subsection (3), give the employee notice, in writing, of the decision as soon as practicable after the decision is made.

(2) Where an employer is unable to give an employee notice, under subsection (1) , of a decision within 14 days after the decision is made, the employer may apply to the Senior Chairperson for an order as to the giving of the notice.

(3) On receipt of an application under subsection (2), the Senior Chairperson may make such order as the Senior Chairperson thinks fit as to the giving of the notice or may make an order dispensing with the giving of the notice.

(4) A notice may be given, or the giving of a notice may be dispensed with, in accordance with an order made under subsection (3).

(5) 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).

(6) 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 24 regardless of whether the decision was made for disciplinary reasons, and

(b) a reference to an 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.