41Termination

41 Termination

(1) The Board may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or (c) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period; or (d) if the CEO: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (e) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (g) if the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.

Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

(2) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.