90   Dismissal of staff refusing transfer

(1988 Act, s 53)

(1)  If a member of staff of a public sector agency refuses a transfer that the head of the agency is authorised to make under section 87, the head of the agency may, if satisfied that the member of staff had no valid reason for refusing the transfer:

(a)  dismiss the member from the service of the agency, or

(b)  in the case of a member of staff of a Division of the Government Service—dismiss the member from the Government Service.

(2)  A member of staff of a Department may be dismissed only with the approval of the Commissioner.

(3)  Subsection (1) does not affect the power of removal under section 77 or any similar statutory provision.

(4)  Nothing in this section prevents the taking of disciplinary action against a member of staff of a public sector agency for refusing a transfer that the head of the agency is authorised to make under this Division.