TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 58 Disciplinary action.
TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 58
Disciplinary action.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.