s.29Transfer of employee
29
Section 29Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION

Transfer of employee

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Nothing in this Law shall abrogate the rights and remedies of an employee of a civil service entity under the Public Service Management Law (2013 Revision).
The designated authority on behalf of an employee of a civil service entity who has made a protected disclosure and which employee believes, on reasonable grounds, that detrimental action will be, is being or has been taken against him in contravention of section 19, may make a request to the Deputy Governor for a transfer of employment in accordance with this section.
Subject to subsection (4), the Deputy Governor may transfer an employee of a civil service entity who has made a protected disclosure to duties within another civil service entity or a different area of the same civil service entity on terms and conditions of employment that are no less favourable overall.
An employee may only be transferred under subsection (3) if —
the employee requests or consents to the transfer;
the Deputy Governor has reasonable grounds to suspect that detrimental action will be, is being or has been taken against the employee in contravention of section 19; and
the Deputy Governor considers that the transfer of the employee will avoid, reduce or eliminate the risk of detrimental action being taken against the employee.
Prior to transferring an employee under this section the Deputy Governor shall consult with the Chief Officer of the civil service entity to which it is proposed to transfer the employee.
The transfer of an employee under subsection (3) may be permanent or for a fixed term.
The transfer of an employee under subsection (3) does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.

Defined Terms

designated authority

Cross References