Review of non-permanent employment (Directive 02/23)
Summary
This directive provides guidance and definitions about timing and considerations for offering permanent employment as required by the Public Sector Act 2022.
What’s new | Previous directive |
|---|---|
| One directive relating to Review of non-permanent employment | Previously two separate directives, Fixed-term temporary employment, and Casual employment |
| Expanded to apply to non-permanent public sector employees | Only applied to public service employees |
| Changes terminology to non-permanent employment, which is inclusive of fixed term temporary and casual employment within the public service | Terminology was limited to fixed-term temporary or casual employment |
| Relates to reviews only (i.e. not employment of non-permanent employees) | Included settings about employment and reviews of fixed-term temporary and casual employees |
| Changes from having regard to the merit principle to considering whether the person is suitable to perform the role, and defines the meaning of suitable | Required the decision maker to consider the person’s eligibility for appointment having regard to the merit principle |
When deciding the hours of work to be offered, now requires the employer to offer the greater of:
| When deciding the hours of work to be offered, required the employer to offer the greater of:
|
| Provides that, in making a decision about the hours of work to be offered, a chief executive cannot offer hours that would unreasonably disadvantage the employee in the circumstance | N/A |
| Introduces procedural requirements relating to additional review rights under the new Act | N/A |
| Summarises the Act framework in Appendix | Included a screen shot of the legislation provisions as Appendix |