Leave Without Pay Application Rejected? Next Steps by Land Services Members

05 October 2017

The PSA is aware that a number of Leave Without Pay applications have been rejected based on a clause in the privatisation contract.

Given that response letters to members have been very similar it appears that applications have been judged on the privatisation contract, not the individual requests.

Members are encouraged to use the appeal process available to them. While there is no guarantee that an internal review can be conducted before offers are to close, it is essential that any review application is put in place as soon as possible.

Under the South Australian Public Sector Act 2009 you are entitled to have this decision reviewed. Section 61 of the Act refers to the process for this, with possible external review under Section 62 if the internal review does not alter the decision. An application for a Section 61 review must be lodged within 21 days of receiving the letter rejecting your request.

Applications need to be emailed to the Chief Executive of your Department outlining that you request an internal review under Section 61 of the Act. Members should include a copy of the letter you received denying the request for leave.

It is not fair that requests for Leave Without Pay are rejected based on a privatisation contract which is beyond your control. Given the slow process that has occurred to get information and answers to questions, it is essential that members receive Leave Without Pay to provide a level of certainty.