89   Variations in remuneration on transfer

(1988 Act, s 100C)

(1)  For the purposes of this Division, an officer’s existing salary or an officer’s existing level of remuneration is that salary or level of remuneration as varied in accordance with the guidelines issued by the Director of Public Employment in connection with the transfer of public sector staff.

(2)  A person is not entitled to appeal under section 94 of the Industrial Relations Act 1996 in respect of a decision relating to a vacant office, where the maximum salary applicable to the vacant office is greater than the salary paid to an employee, because of the application of the guidelines.

(3)  An officer is not entitled to any compensation in respect of any reduction of remuneration because of the application of the guidelines.

(4)  For the purposes of this Division, the transfer of a senior executive officer at a level of remuneration that is lower than the officer’s existing level of remuneration includes a reference to the transfer of the officer to a position without a remuneration package (within the meaning of Part 3.1) and with a salary and other benefits that are lower in value than the officer’s existing remuneration package (within the meaning of that Part). The relative values are to be determined in accordance with any relevant principles in the guidelines.