73Authority may appoint and dismiss certain employees

##### 73. Authority may appoint and dismiss certain employees (1) The Authority may suspend, dismiss, fine, transfer without payment of transfer expenses, or reduce to a lower class or grade, any specified award employee, and the Minister cannot give any direction as to the exercise of those powers except in the cases of such offices and services as are prescribed. (2) The Authority may — (a) in any case where a specified award employee has for any act or omission been suspended — (i) fine; or (ii) reduce to a lower class or grade; or (iii) dismiss; or (iv) transfer without payment of transfer expenses, that employee, notwithstanding and in addition to such suspension; and (b) in any case where the Authority considers the circumstances warrant, by way of punishment for an act or omission reduce a specified award employee to a lower class or grade and also transfer him without payment of transfer expenses, but except as provided in this subsection or subsection (2A) the Authority shall not inflict on any specified award employee more than one form of punishment for the same offence. (2A) Despite subsection (2), if the act or omission involved the employee’s driving of a motor vehicle and the employee was punished for it under a road law as defined in the *Road Traffic (Administration) Act 2008* section 4, the Authority may inflict on that employee the punishment referred to in subsection (2)(a)(iii), or either or both of the punishments referred to in subsection (2)(a)(ii) and (iv), but not the punishment referred to in subsection (2)(a)(i). (3) Notwithstanding anything in this section, to the extent that there is in the case of a specified award employee who is a member of the Senior Executive Service within the meaning of the *Public Sector Management Act 1994* an inconsistency between this Act and that Act that Act shall prevail. (4) In this section — specified award employee means a person who was employed under this section immediately before it was amended by the *Public Transport Authority Act 2003* section 126 and, when that amendment took effect, became an employee of the Authority but only if the person’s employment was, before the amendment took effect, and continues to be, covered by — (a) the *Government Railways Locomotive Enginemen’s Award 1973‑1990 No. 13 of 1990*; or (b) the *Railway Employees Award No. 18 of 1969*. [Section 73 amended: No. 78 of 1948 s. 23; No. 61 of 1955 s. 4; No. 55 of 1960 s. 14; No. 113 of 1987 s. 32; No. 31 of 2003 s. 126 and 139(1); No. 19 of 2010 s. 60(4); No. 8 of 2012 s. 113.]