s.29Dismissal and early retirement of chief officers of ministries and portfolios
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Section 29Part 6 — Personnel Arrangements for Chief Officers

Dismissal and early retirement of chief officers of ministries and portfolios

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Subject to the requirements of the personnel regulations, the Head of the Civil Service may dismiss a chief officer of a ministry or portfolio, but may do so only on the basis of —
gross misconduct or serious misconduct; or
significant inadequate performance over a reasonable period of time (compared to performance agreements) and provided that there has been adequate opportunity for the chief officer to improve his performance to the required level.
In accordance with such procedures as may be provided in personnel regulations, the Head of the Civil Service may require a chief officer of a ministry or portfolio to take early retirement on medical grounds where the chief officer has a permanent disability.
The Head of the Civil Service may retire a chief officer in order to improve the efficiency of the civil service entity, but shall do so in accordance with the procedures established in personnel regulations for retiring civil servants to improve the organisation.
Where the Head of the Civil Service plans to dismiss a chief officer of a ministry or portfolio, require him to take early retirement on medical grounds or retirement to improve the organisation, he shall, before doing so, consult with the Official Member or Minister responsible for the ministry or portfolio to which the chief officer is appointed.
In taking any action relating to a chief officer involving the dismissal, early retirement on medical grounds or retirement to improve the organisation, the Head of the Civil Service is to ensure that an open and fair employment process operates.

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