Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 58

58. (1) For the purposes of this Division, an officer shall be taken to have
failed to fulfil his duty as an officer if and only if-

   (a)  he wilfully disobeys or wilfully disregards a direction given to him
        as an officer and given by a person having authority to give the
        direction;

   (b)  he is inefficient or incompetent by reason of causes within his own
        control;

   (c)  he is negligent or careless in the discharge of his duties;

   (d)  he is guilty of improper conduct as an officer;

   (e)  he is guilty of improper conduct otherwise than as an officer, being
        conduct that affects adversely the performance of his duties, is
        prejudicial to the interests of the Commission or damaging to the
        business of the Commission;

   (f)  he contravenes or fails to comply with a provision of this Act, of the
        regulations or of the By-laws, that is applicable to him or with the
        terms and conditions upon which he is employed; or

   (g)  he has, whether before or after becoming an officer, wilfully supplied
        to the Commission, to an officer or to some other person acting on
        behalf of the Commission incorrect or misleading information in
        connexion with his appointment to the Service.

(2) If a supervisor of an officer has, at any time, reason to believe that the
officer may have failed to fulfil his duty as an officer, the supervisor may
require the officer to furnish to the supervisor, in writing, an explanation
of the matters alleged to constitute the failure and may, after consideration
of any explanation furnished by the officer, if he is of the opinion that the
officer has failed to fulfil his duty as an officer-

   (a)  counsel the officer; or

   (b)  furnish a report concerning the matters together with any explanation
        furnished to him in relation to those matters to an officer authorized
        for the purposes of sub-section (3).

(3) Where an officer authorized by the Commission for the purposes of this
sub-section is of the opinion, whether by reason of his consideration of a
report furnished under sub-section (2) or otherwise, that an officer may have
failed to fulfil his duty as an officer the authorized officer shall, as soon
as practicable, decide whether he should be charged and-

   (a)  if he decides that the officer should not be charged-may counsel the
        officer or cause a supervisor of the officer to counsel the officer;
        or

   (b)  if he decides that the officer should be charged-by writing under his
        hand delivered to the officer, charge the officer with the failure.

(4) Where an officer charged under sub-section (3) so requests, a copy of the
charge shall be furnished to the organization to which the officer belongs.

(5) Where an officer is charged with misconduct, an officer authorized by the
Commission for the purposes of this sub-section, not being either the
supervisor of the officer charged or an officer authorized for the purposes of
sub-section (3), shall, without undue delay, hold an inquiry into the charge.

(6) In an inquiry for the purposes of sub-section (5), a formal hearing is not
required, but the officer shall be notified that an inquiry is to be held into
the alleged misconduct and given the opportunity to state, in writing, within
7 days or such longer period as the officer holding the inquiry may allow
after that notice is furnished to him, whether he admits or denies the truth
of the matters alleged to constitute the misconduct and to furnish a statement
in relation to those matters.

(7) Where an officer has furnished a statement in relation to the matters
alleged to constitute misconduct, the officer shall, if he so requests, be
given the opportunity of making a further oral statement to the officer
holding the inquiry and, if he does so, a written record of his further
statement shall be made by that officer.

(8) An officer charged with misconduct shall not be taken, by reason only of
having failed to deny the truth of a matter alleged to constitute the
misconduct, to have admitted the truth of that matter.

(9) Where the officer who held an inquiry into a charge is satisfied that the
officer charged has failed to fulfil his duty as an officer, he may counsel
the officer or cause a supervisor of the officer to counsel him, or, if he is
of the opinion that other action is necessary-

   (a)  admonish the officer;

   (b)  direct that a sum not exceeding $40 be deducted from the salary of the
        officer;

   (c)  if the officer occupies a position to which a range of salary is
        applicable and is in receipt of a salary other than the minimum salary
        of that range-direct that his salary be reduced to a lower salary
        within that range for a period not exceeding 12 months; or

   (d)  recommend to the Commission, in writing-

        (i)    that the Commission transfer the officer to another position,
               whether at the same or a different locality, being a position
               for which he is qualified and which has the same classification
               as the position held by the officer, and the salary, within the
               salary range of the position, that should be paid to the
               officer;

        (ii)   that the Commission transfer the officer to another position,
               whether at the same or a different locality, being a position
               for which he is qualified and which has a lower classification
               than the position held by the officer, and the salary, within
               the salary range of the position, that should be paid to the
               officer; or

        (iii)  that the Commission dismiss the officer from the Service.

(10) Where an officer makes a recommendation specified in paragraph (9) (d) in
respect of an officer, he shall furnish to the Commission, with his
recommendation, full particulars of his findings in relation to the facts
giving rise to the misconduct.

(11) Where an officer makes a recommendation specified in paragraph (9) (d) in
respect of an officer, the Commission may, after consideration of the
particulars furnished under sub-section (10) counsel the officer, or, if it
considers that other action is necessary-

   (a)  admonish the officer;

   (b)  decide-

        (i)    to give effect to the recommendation; or

        (ii)   to take any other action that could have been recommended under
               that paragraph; or

   (c)  give a direction referred to in paragraph (9) (b) or (c).

(12) Where an officer recommends, or the Commission decides, that an officer
be transferred to a position having the same classification as the position
previously held by him and that he be paid a salary that is the equivalent of
the salary previously paid to him, the officer may also recommend, or the
Commission may also direct, as the case may be, that a sum not exceeding $40
be deducted from the officer's salary.

(13) Where the Commission or an officer authorized for the purposes of
sub-section (5) reduces the salary of an officer, the officer is entitled, at
the expiration of the period specified by the Commission or by the
first-mentioned officer, to be paid salary at the rate at which salary would
have been payable to him if the reduction had not taken place.

(14) The admonition of an officer by the Commission or by an officer
authorized for the purposes of sub-section (5) does not have any effect-

   (a)  if the officer appeals against the admonition-unless the appeal lapses
        or is withdrawn or a Disciplinary Appeal Board confirms the
        admonition; or

   (b)  in any other case-until the expiration of the period within which the
        officer may appeal against the admonition to a Disciplinary Appeal
        Board.

(15) A direction or decision under this section by the Commission or by an
officer authorized for the purposes of sub-section (5) with respect to an
officer does not take effect-

   (a)  if the officer appeals against the direction or decision-unless the
        appeal lapses or is withdrawn or a Disciplinary Appeal Board confirms,
        either with or without a variation, the direction or decision; or

   (b)  in any other case-until the expiration of the period within which the
        officer may appeal against the direction or decision to a Disciplinary
        Appeal Board.