Review case - Observations on the legislative framework from review cases

Observations from the casework about the application of the legislative framework

Where there is an express power in the legislation for an agency to do something, for example direct an employee to undertake a fitness for duty assessment (Regulation 3.2), agencies are not able to use the general employer powers in section 20 of the Public Service Act 1999 to achieve the same end.

Handling Misconduct advises that agencies should calculate fines, as a sanction for misconduct, for part-time employees based on the salary they receive for the ‘ordinary hours’ in their part-time work agreement. On this basis, the fine imposed on a part-time employee should be calculated as a percentage of the employee’s part-time salary not calculated on the full-time salary for the employee’s classification.