42Appeals against decisions made in cases of misconduct

#### 42 Appeals against decisions made in cases of misconduct (1) Where a decision of a kind prescribed by the by‑laws is made in relation to a charge of misconduct, including a charge (whether instituted before or after the commencement of this Act) with respect to misconduct committed before the commencement of this Act, the employee charged with the misconduct may appeal to a Disciplinary Appeal Board against the decision. (2) On the hearing of an appeal under subsection (1), a Disciplinary Appeal Board may take evidence on oath or affirmation. (3) The by‑laws may prescribe the grounds on which, the manner in which, and the time within which, appeals may be made under subsection (1) and the manner in which the hearing of appeals so made shall be conducted. (4) A Disciplinary Appeal Board shall hear each appeal submitted to it under subsection (1) and may confirm or set aside the decision against which the appeal is made and, if it sets the decision aside, may substitute for that decision such other decision as the person who made the decision appealed against might have made. (5) A Disciplinary Appeal Board shall give reasons, in writing, for its decision on an appeal. (6) The Commission shall take such action as is necessary to give effect to a decision of a Disciplinary Appeal Board.