| (1) |
Subject to subsections (2), (3) and (4), any employee of a department may be transferred— |
| (a) |
within the department, by its executive authority; |
| (b) |
to another department by the executive authorities of the two relevant departments. |
| (2) |
Such tranfer shall be made in such manner and on such conditions as may be prescribed. |
| (3) |
An employee may be transferred under subsection (1) only if— |
| (a) |
the employee requests the transfer or consents to the transfer; or |
| (b) |
in the absence of such request or consent, after due consideration of any representations by the employee, the transfer is in the public interest. |
| (4) |
Before employees may be transferred in terms of subsection (3)(b) as a result of a determination regarding an allocation, abolition or transfer of a function, contemplated in section 3(4)(b) or (c) or 3A(b), consultation shall take place in the applicable bargaining council established in terms of the Labour Relations Act for the public service as a whole or for a particular sector in the public service. |
(5)
| (a) |
The transfer of an employee in terms of subsection (1) who is on probation shall remain subject to probation as prescribed. |
| (b) |
Any regulation so prescribed shall take due regard of the respective functions before and after the transfer to avoid detriment to the employee concerned. |
| (6) |
An employee who has been transferred to a post with— |
| (a) |
a lower salary than his or her salary before the transfer shall not upon such transfer suffer any reduction in salary, except if he or she requested the transfer or he or she consented to the reduction; or |
| (b) |
a higher salary than his or her salary before the transfer shall not by reason only of that transfer be entitled to the higher salary. |
[Section 14 substituted by section 20 of Act No. 30 of 2007]
Older Persons Act, 2006
