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In
accordance with Section 48(3) of the State
Service Act 2000 (the Act), the State Service
Commissioner is to establish procedures for the investigation
and determination of whether an employee is able to
efficiently perform the duties assigned to the employee.
Section
(4) The procedures referred to in subsection (3):
(a)
are to afford procedural fairness in the determination
of whether an employee is able to efficiently and
effectively perform the duties assigned to the employee;
and
(b)
may be different for different categories of employees;
and
(c)
may vary according to the circumstances in which
the employee is alleged to be unable to efficiently
and effectively perform the duties assigned to the
employee.
Commissioner's
Direction No.6 of 2005, "Procedures for nvestigation
and Determination of Whether an Employee is Able to
Efficiently and Effectively Perform their Duties",
sets out the process for the investigation and determination
of alleged inability in accordance with Section 48(3)
of the Act.
Section
48(1) of the Act also provides a range
of actions that can be taken by the Minister (or his
delegate) if it is determined that an employee is
unable to efficiently and effectively perform their
duties:
(a)
direct appropriate counselling;
(b)
direct appropriate retraining;
(c)
reduce salary within the range of salary applicable
to the employee;
(d)
reassign duties;
(e)
reduce classification;
(f)
terminate employment in accordance with Section
44 or 45.
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