Common use of Process for Review of Decisions Clause in Contracts

Process for Review of Decisions. The change process may include a process for review of decisions, which will be in addition to the employment relation problem resolution provisions in this Collective Agreement. 9.6.1 Individual Reconfirmation‌ Reconfirmation requires the following criteria to be satisfied: • Either o the extent of change on an individual employee's role is not significant, or o there is no significant difference between a new role created as a result of the change when compared to the pre-existing role; • The salary for the changed or new role is the same (or greater); • The changed or new role has terms and conditions of employment (including career prospects) which are no less favourable; and • The location of the changed or new role is the same, though not necessarily in the same building and/or the same street. Reconfirmation may be to a position in: • MPI; or • another existing agency; or • a new structure or agency established as part of the change. Where there is one clear candidate for reconfirmation in a changed or new role, and the reconfirmation criteria are met, then that employee will be reconfirmed in the role. Where the reconfirmation criteria are met for more than one candidate, then the employees will be asked to advise expressions of preference and either: • An appointment from amongst the candidates will be made, using standard MPI appointment procedures; or • Another agreed and practicable appointment process will be used. If an employee meets all the criteria for reconfirmation (or is selected through a contested process) but does not want to accept the position, then the alternatives are leave without pay or resignation. An employee may wish to raise an employment relationship problem in relation to an aspect of the reconfirmation process. In that light: • The change process may prescribe a specific process for review of decisions; • In any event the employee may rely upon the problem resolution provisions of this Collective Agreement. 9.6.2 Reassignment‌ The aim of reassignment is to facilitate the ongoing employment of affected employees. Reassignment will generally occur after the reconfirmation process has been worked through. However, it may occur at the same time. The option of reassignment arises where: • the extent of change on an individual employee's role is significant when the effect of change is compared to the pre-existing role; or • an employee has not been reconfirmed and an alternative role is available which may be suitable for the employee. In this context "suitable" means that the employee is capable of doing the job to an acceptable standard either immediately or following appropriate training provided by MPI. The new position must use or build on existing skills, competencies, and aptitudes but may require on-the-job training and/or formal training and/or a support programme. All affected staff will be dealt with on an individual basis and consulted before a reassignment is made. Consultation will include the opportunity to suggest amendments to a proposed job description and identify training and support needs. An employee will not be disadvantaged if their performance is temporarily affected while they are learning new skills following reassignment. Reassignment may be to a suitable position in: • MPI; or • another existing agency; or • a new structure or agency established as part of the change. In general the following points apply to reassignment: • Employees will be invited to identify suitable roles for reassignment; • MPI may identify employees for consideration of reassignment to suitable roles; • Standard MPI appointment procedures will be used to determine: o Whether the particular role is suitable for any candidate; and o Where the role is suitable for more than one candidate, who the successful candidate will be. When reassignment is to a role at a lower salary, MPI will pay either: • an on-going allowance equivalent to the difference between the present salary and the new salary, abated by any subsequent increases, or • a lump sum equivalent to the difference between the present salary and the new salary for a two-year period (unabated), such lump sum to be paid in four equal six monthly instalments. The first instalment is payable at the date the reassignment commences. This entitlement ceases with the end of employment. No repayment will be sought. An employee within 5 years of eligibility for New Zealand Superannuation who is a member of GSF and who is appointed to a position carrying a lower salary will retain their present salary until the age of eligibility for New Zealand superannuation or for two years whichever is the higher. When the new job is within the same local area, and extra travelling costs or travelling time are involved, travelling expenses and/or other assistance can be provided as agreed between MPI and the employee. In this context, same local area means within reasonable commuting time and distance and may be defined on a case-by-case basis. Reassignment may include a voluntary transfer to another location. No employee is required to accept a reassignment outside the local area. If reassignment to another location is accepted, then MPI will provide transfer assistance on the basis that the employee should not suffer financial loss because of the transfer. Wherever possible MPI will provide a two- year job guarantee in the new location to an employee who accepts a reassignment. Affected employees who have not yet been reconfirmed or reassigned will, where deemed suitable for another role within MPI, be appointed in preference over non-affected internal MPI and external candidates. An employee who is successful in obtaining a role through reassignment is not entitled to payment of severance. Where an employee does not wish to accept reassignment then the alternatives are leave without pay or resignation. Such an employee will not be entitled to preference for any role.

Process for Review of Decisions. The change process may include a process for review of decisions, which will be in addition to the employment relation problem resolution provisions in this Collective Agreement. 9.6.1 Individual Reconfirmation‌ . Reconfirmation requires the following criteria to be satisfied: •  Either o the extent of change on an individual employee's ’s role is not significant, or o there is no significant difference between a new role created as a result of the change when compared to the pre-existing role; •  The salary for the changed or new role is the same (or greater); •  The changed or new role has terms and conditions of employment (including career prospects) which are no less favourable; and •  The location of the changed or new role is the same, though not necessarily in the same building and/or the same street. Reconfirmation may be to a position in: •  MPI; or •  another existing agency; or •  a new structure or agency established as part of the change. Where there is one clear candidate for reconfirmation in a changed or new role, and the reconfirmation criteria are met, then that employee will be reconfirmed in the role. Where the reconfirmation criteria are met for more than one candidate, then the employees will be asked to advise expressions of preference and either: •  An appointment from amongst the candidates will be made, using standard MPI appointment procedures; or •  Another agreed and practicable appointment process will be used. If an employee meets all the criteria for reconfirmation (or is selected through a contested process) but does not want to accept the position, then the alternatives are leave without pay or resignation. An employee may wish to raise an employment relationship problem in relation to an aspect of the reconfirmation process. In that light: •  The change process may prescribe a specific process for review of decisions; •  In any event the employee may rely upon the problem resolution provisions of this Collective Agreement. 9.6.2 Reassignment‌ The aim of reassignment is to facilitate the ongoing employment of affected employees. Reassignment will generally occur after the reconfirmation process has been worked through. However, it may occur at the same time. The option of reassignment arises where: • the extent of change on an individual employee's role is significant when the effect of change is compared to the pre-existing role; or • an employee has not been reconfirmed and an alternative role is available which may be suitable for the employee. In this context "suitable" means that the employee is capable of doing the job to an acceptable standard either immediately or following appropriate training provided by MPI. The new position must use or build on existing skills, competencies, and aptitudes but may require on-the-job training and/or formal training and/or a support programme. All affected staff will be dealt with on an individual basis and consulted before a reassignment is made. Consultation will include the opportunity to suggest amendments to a proposed job description and identify training and support needs. An employee will not be disadvantaged if their performance is temporarily affected while they are learning new skills following reassignment. Reassignment may be to a suitable position in: • MPI; or • another existing agency; or • a new structure or agency established as part of the change. In general the following points apply to reassignment: • Employees will be invited to identify suitable roles for reassignment; • MPI may identify employees for consideration of reassignment to suitable roles; • Standard MPI appointment procedures will be used to determine: o Whether the particular role is suitable for any candidate; and o Where the role is suitable for more than one candidate, who the successful candidate will be. When reassignment is to a role at a lower salary, MPI will pay either: • an on-going allowance equivalent to the difference between the present salary and the new salary, abated by any subsequent increases, or • a lump sum equivalent to the difference between the present salary and the new salary for a two-year period (unabated), such lump sum to be paid in four equal six monthly instalments. The first instalment is payable at the date the reassignment commences. This entitlement ceases with the end of employment. No repayment will be sought. An employee within 5 years of eligibility for New Zealand Superannuation who is a member of GSF and who is appointed to a position carrying a lower salary will retain their present salary until the age of eligibility for New Zealand superannuation or for two years whichever is the higher. When the new job is within the same local area, and extra travelling costs or travelling time are involved, travelling expenses and/or other assistance can be provided as agreed between MPI and the employee. In this context, same local area means within reasonable commuting time and distance and may be defined on a case-by-case basis. Reassignment may include a voluntary transfer to another location. No employee is required to accept a reassignment outside the local area. If reassignment to another location is accepted, then MPI will provide transfer assistance on the basis that the employee should not suffer financial loss because of the transfer. Wherever possible MPI will provide a two- year job guarantee in the new location to an employee who accepts a reassignment. Affected employees who have not yet been reconfirmed or reassigned will, where deemed suitable for another role within MPI, be appointed in preference over non-affected internal MPI and external candidates. An employee who is successful in obtaining a role through reassignment is not entitled to payment of severance. Where an employee does not wish to accept reassignment then the alternatives are leave without pay or resignation. Such an employee will not be entitled to preference for any role.

Process for Review of Decisions. The change process may include a process for review of decisions, which will be in addition to the employment relation problem resolution provisions in this Collective Agreement. 9.6.1 Individual Reconfirmation‌ . Reconfirmation requires the following criteria to be satisfied: • Either o the extent of change on an individual employee's ’s role is not significant, or o there is no significant difference between a new role created as a result of the change when compared to the pre-existing role; • The salary for the changed or new role is the same (or greater); • The changed or new role has terms and conditions of employment (including career prospects) which are no less favourable; and • The location of the changed or new role is the same, though not necessarily in the same building and/or the same street. Reconfirmation may be to a position in: • MPI; or • another existing agency; or • a new structure or agency established as part of the change. Where there is one clear candidate for reconfirmation in a changed or new role, and the reconfirmation criteria are met, then that employee will be reconfirmed in the role. Where the reconfirmation criteria are met for more than one candidate, then the employees will be asked to advise expressions of preference and either: • An appointment from amongst the candidates will be made, using standard MPI appointment procedures; or • Another agreed and practicable appointment process will be used. If an employee meets all the criteria for reconfirmation (or is selected through a contested process) but does not want to accept the position, then the alternatives are leave without pay or resignation. An employee may wish to raise an employment relationship problem in relation to an aspect of the reconfirmation process. In that light: • The change process may prescribe a specific process for review of decisions; • In any event the employee may rely upon the problem resolution provisions of this Collective Agreement. 9.6.2 Reassignment‌ The aim of reassignment is to facilitate the ongoing employment of affected employees. Reassignment will generally occur after the reconfirmation process has been worked through. However, it may occur at the same time. The option of reassignment arises where: • the extent of change on an individual employee's role is significant when the effect of change is compared to the pre-existing role; or • an employee has not been reconfirmed and an alternative role is available which may be suitable for the employee. In this context "suitable" means that the employee is capable of doing the job to an acceptable standard either immediately or following appropriate training provided by MPI. The new position must use or build on existing skills, competencies, and aptitudes but may require on-the-job training and/or formal training and/or a support programme. All affected staff will be dealt with on an individual basis and consulted before a reassignment is made. Consultation will include the opportunity to suggest amendments to a proposed job description and identify training and support needs. An employee will not be disadvantaged if their performance is temporarily affected while they are learning new skills following reassignment. Reassignment may be to a suitable position in: • MPI; or • another existing agency; or • a new structure or agency established as part of the change. In general the following points apply to reassignment: • Employees will be invited to identify suitable roles for reassignment; • MPI may identify employees for consideration of reassignment to suitable roles; • Standard MPI appointment procedures will be used to determine: o Whether the particular role is suitable for any candidate; and o Where the role is suitable for more than one candidate, who the successful candidate will be. When reassignment is to a role at a lower salary, MPI will pay either: • an on-going allowance equivalent to the difference between the present salary and the new salary, abated by any subsequent increases, or • a lump sum equivalent to the difference between the present salary and the new salary for a two-year period (unabated), such lump sum to be paid in four equal six monthly instalments. The first instalment is payable at the date the reassignment commences. This entitlement ceases with the end of employment. No repayment will be sought. An employee within 5 years of eligibility for New Zealand Superannuation who is a member of GSF and who is appointed to a position carrying a lower salary will retain their present salary until the age of eligibility for New Zealand superannuation or for two years whichever is the higher. When the new job is within the same local area, and extra travelling costs or travelling time are involved, travelling expenses and/or other assistance can be provided as agreed between MPI and the employee. In this context, same local area means within reasonable commuting time and distance and may be defined on a case-by-case basis. Reassignment may include a voluntary transfer to another location. No employee is required to accept a reassignment outside the local area. If reassignment to another location is accepted, then MPI will provide transfer assistance on the basis that the employee should not suffer financial loss because of the transfer. Wherever possible MPI will provide a two- year job guarantee in the new location to an employee who accepts a reassignment. Affected employees who have not yet been reconfirmed or reassigned will, where deemed suitable for another role within MPI, be appointed in preference over non-affected internal MPI and external candidates. An employee who is successful in obtaining a role through reassignment is not entitled to payment of severance. Where an employee does not wish to accept reassignment then the alternatives are leave without pay or resignation. Such an employee will not be entitled to preference for any role.