EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.57 Appeal to Merit Protection Board

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.57

    (1)     If the Secretary makes a determination under section 2.4.56(1) that an employee is incapable of performing his or her duties on account of physical or mental incapacity, the employee may appeal to a Merit Protection Board against the determination.

S. 2.4.57(2) amended by No. 14/2013 s. 5.

    (2)     A notice of appeal must be lodged with the senior chairperson of the Merit Protection Boards appointed under section 2.4.45A(2) within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary.

    (3)     A notice of appeal must—

        (a)     be in writing; and

        (b)     be in the prescribed form.

    (4)     A Merit Protection Board may permit an appeal to be instituted out of time if it considers that special circumstances exist.

    (5)     The Merit Protection Board must hear and determine the appeal and may—

        (a)     allow the appeal and order that the employee be re-instated in the teaching service; or

        (b)     dismiss the appeal.

    (6)     An employee who is re-instated in the teaching service must be treated as having had continuous service in the teaching service.

    (7)     Any period during which the employee was not performing the duties of his or her office due to having his or her employment terminated must be treated as leave without pay.

Division 9—Dismissal and suspension

S. 2.4.58 amended by Nos 31/2018 s. 33(6), 34/2020 s. 216.