PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 8
PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 8
8 . Human resource management principles
(1) The principles of
human resource management that are to be observed in and in relation to the
Public Sector are that —
(a) all
selection processes are to be directed towards, and based on, a proper
assessment of merit and equity; and
(b) no
power with regard to human resource management is to be exercised on the basis
of nepotism or patronage; and
(c)
employees are to be treated fairly and consistently and are not to be
subjected to arbitrary or capricious administrative acts; and
(d)
there is to be no unlawful discrimination against employees or persons seeking
employment in the Public Sector on a ground referred to in the Equal
Opportunity Act 1984 or any other ground; and
(e)
employees are to be provided with safe and healthy working conditions in
accordance with the Work Health and Safety Act 2020 .
(2) In matters
relating to —
(a) the
selection, appointment, transfer, secondment, classification, remuneration,
redeployment, redundancy or termination of employment of an individual
employee; or
(b) the
classification of a particular office, post or position,
in its department or
organisation, an employing authority is not subject to any direction given,
whether under any written law or otherwise, by the Minister responsible for
the department or organisation, but shall, subject to this Act, act
independently.
(3) For the purposes
of this Act a proper assessment of merit in a selection process must be
carried out in accordance with the relevant Commissioner’s instructions
and does not always require a competitive assessment of merit.
[Section 8 amended: No. 30 of 1995 s. 48; No. 39
of 2010 s. 9, 68 and 70; No. 36 of 2020 s. 366.]