P1996-35 Payment of Shift Penalties Disciplinary Matters

The purpose of this Circular is to advise of new arrangements for the payment of shift penalties and allowances to officers or temporary employees who were transferred to other duties while a disciplinary inquiry was held, but were found not to be guilty.

The new arrangements have been developed in consultation with a number of organisations, the Labor Council and public sector unions. The new arrangements are:

Where an officer or a temporary employee, engaged as a shift worker or worked shift work for the previous 3 months, is subject to a disciplinary inquiry under Part 5 of the Public Sector Management Act 1988 or a misconduct investigation and is:

1. allocated alternative duties pending the outcome of the disciplinary inquiry or the misconduct
investigation;

2. placed on duties which results in a loss of shift penalties and other allowances; and

3. subsequently advised that there is no finding of guilt against them;

then the officer or temporary employee is to be reimbursed for the loss of shift penalties and other allowances that relate to work or conditions. The reimbursement is to be based on the average of any shift penalties and other work related allowances for the preceding 6 months or if the period of shift work is less than 6 months, the average for the period worked.

The new arrangements are to be implemented immediately in the NSW public service and other public sector organisations are encouraged to adopt the same practice.

St organisations implement the new arrangements, briefing sessions have been organised for 13 June our organisation s nominations are sought by return of the attached form by 6 June 1996.

R.B. WILKINS
Acting Commissioner