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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 47
Termination of employment
47 Termination of employment
(1) The head of a Public Service agency may, by instrument in writing,
terminate the employment of a Public Service non-executive employee of the
agency on any of the following grounds if the employment is ongoing
employment-- (a) the employee has failed to meet a condition of engagement as
an employee under section 54,
(b) the employee lacks, or has lost, an
essential qualification for performing the duties of the role assigned to the
employee,
(c) the performance of the employee is determined under section 68
to be unsatisfactory,
(d) the employee is unable to perform the duties of the
role assigned to the employee because of physical or mental incapacity,
(e)
the employee is retired on medical grounds under section 56,
(f) the employee
has refused to perform the duties of the role assigned to the employee,
(g)
the employee has abandoned his or her employment,
(h) a finding of misconduct
has been made against the employee under section 69,
(j) the employee is
determined in accordance with the regulations and the
government sector employment rules to be excess to the requirements of the
relevant part of the agency in which he or she is employed,
(k) on any other
ground prescribed by the regulations.
The instrument is to set out the ground
or grounds on which the employment is terminated.
(2) The head of a
Public Service agency may, by instrument in writing, terminate the employment
of a Public Service non-executive employee of the agency at any time if the
employment is not ongoing employment.
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