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Heads of Agencies are to have well documented Internal Establishment Management processes that address:
Employees should be consulted on change to staffing and establishment that is likely to affect them. The extent of any consultation process should be based on the materiality or impact of the change and the number of employees likely to be impacted by the change.
The Internal Establishment Management process is to be readily available to employees.
An “Identified employee” is a person appointed as a permanent employee as referred to in section 37(3)(a) of the State Service Act 2000 (the Act) who has been formally advised in writing that:
A Head of Agency must consider any special circumstances that exist in the following categories before identifying an employee who:
As soon as an employee is advised that they are an “Identified employee” they are to be allocated a suitably trained Case Manager by their agency. Case Managers are responsible for:
maintaining regular contact with the employee;
Until an “Identified employee” is reallocated funded duties the employee’s agency is responsible for providing the employee with “meaningful work”.
“Meaningful work” means the assignment of alternative unfunded duties for a specified period. The duties are to be commensurate with the employee’s skill set and/or transferrable skills or will provide an opportunity for the employee to further develop their skills.
In providing employees with “meaningful work” the duties are to be assigned in accordance with Section 34(1) of the Act for a specified period.
Where an “Identified employee” is assessed as suitable for duties in their agency, the Head of Agency is to vary that employee’s duties in writing in accordance with the provisions of Section 34 (1)(e) of the Act.
If an employee indicates that they do not agree to being assigned duties, the employee is to advise their Case Manager the reasons for this decision. The Head of Agency (or delegate) is to consider the reasons provided by the employee and determine whether the employee will continue to be assigned to undertake the duties.
Employees may agree to being assigned duties at a lower classification level as provided by Section 38(2)(a) of the Act and subject to the salary maintenance provisions specified by MPSS.
If an “Identified employee” agrees to being assigned to duties at a lower or different classification level, which will result in the employee receiving a reduced award salary, the employee must provide their consent in writing in accordance with Section 38(2)(a) of the Act. The employee’s salary must also be maintained at their existing award salary for a period of 12 months from the date of the assignment or transfer.
Where that “Identified employee” was in receipt of regular allowances, and has agreed to being reassigned to a position where those regular allowances no longer apply, should we pay a salary maintenance allowance for loss of regular allowances for a 12 month period.
Where that “Identified employee” was a shift worker, and has agreed to being assigned to a day work position, salary maintenance allowance for loss of penalties is to be paid for the 12 months.