No opportunities for redeployment
The MOP(S) Act employment framework does not make provision for the redeployment of an employee to another Parliamentarian. Parliamentarians and MOP(S) Act employees should note that where a working relationship has broken down irretrievably, and depending on the particular circumstances:
- it may not be practicable for a MOP(S) Act employee to be transferred or relocated to another workplace
- it may contravene the General Protections provisions of the Fair Work Act for a Parliamentarian to terminate the employment of a MOP(S) Act employee who has made a complaint about workplace bullying or harassment.
For these reasons, all Parliamentarians and MOP(S) Act employees should attempt to maintain productive working relationships and address emerging workplace issues at the earliest opportunity.
Divergence of the Commonwealth’s interests
Finance will generally be able to provide Parliamentarians with information and advice to assist them to manage allegations of workplace bullying and harassment. In some limited circumstances, the interests of the Parliamentarian and Finance may diverge, to the extent that Finance is required to discharge the Commonwealth’s legal obligations as an employer and/or a person conducting a business or undertaking. Should this scenario appear likely, Finance will discuss the matter with the Parliamentarian as it arises.