s.44Power to discipline, dismiss, retire staff early or otherwise terminate
44
Section 44Part 7 — Personnel Arrangements for Staff

Power to discipline, dismiss, retire staff early or otherwise terminate

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Subject to this section and the requirements of personnel regulations, a chief officer may —
discipline staff;
dismiss staff;
retire staff early on medical grounds;
retire staff to improve the organisation; or
otherwise terminate the employment of staff.
A chief officer may delegate his powers under subsection (1) to a head of department, other manager or other staff member in his civil service entity in accordance with section 45, and such person with delegated authority may then act as an appointing officer for the purposes of this section.
In exercising his authorities under subsection (1)(a), an appointing officer may discipline a staff member only on the grounds of minor misconduct, or inadequate performance over a reasonable period of time (compared to performance agreements) and provided that there has been adequate opportunity for the staff member to improve his performance to the required level but shall do so in accordance with the procedures established in personnel regulations for disciplining civil servants.
In exercising his authorities under paragraph (1)(b), an appointing officer may dismiss a staff member only on the grounds of gross 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 staff member to improve his performance to the required level, but shall so do in accordance with the procedures established in personnel regulations for dismissing civil servants.
In exercising his authorities under paragraph (1)(c), an appointing officer may require a staff member to take early retirement on medical grounds where the staff member has a permanent disability, but shall do so in accordance with the procedures established in personnel regulations for the early retirement of civil servants on medical grounds.
In exercising his authorities under paragraph (1)(d), an appointing officer may retire a staff member 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.
In exercising his authorities under paragraph (1)(e), an appointing officer may make a staff member redundant if the duties and functions assigned to the staff member are no longer required, those duties and functions will not be substantively transferred to another person or position in the civil service and there is no suitable vacant post in the civil service to which the staff member could be transferred, but shall do so in accordance with the procedures established in personnel regulations for making civil servants redundant.
In taking any actions involving the discipline, dismissal, early retirement on medical grounds, retirement to improve the organisation or otherwise terminating the employment of staff, the appointing officer is to ensure that an open and fair employment process operates.
In exercising his authorities under this section, an appointing officer shall consult with the Judicial and Legal Services Commission where any action relates to any staff member referred to under section 106(4) of the Constitution.

Cross References