47Termination of employment

#### 47 Termination of employment 47 Termination of employment > > (1) The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency on any of the following grounds if the employment is ongoing employment— > > > > > (a) the employee has failed to meet a condition of engagement as an employee under section 54, > > > > > (b) the employee lacks, or has lost, an essential qualification for performing the duties of the role assigned to the employee, > > > > > (c) the performance of the employee is determined under section 68 to be unsatisfactory, > > > > > (d) the employee is unable to perform the duties of the role assigned to the employee because of physical or mental incapacity, > > > > > (e) the employee is retired on medical grounds under section 56, > > > > > (f) the employee has refused to perform the duties of the role assigned to the employee, > > > > > (g) the employee has abandoned his or her employment, > > > > > (h) a finding of misconduct has been made against the employee under section 69, > > > > > (i) (Repealed) > > > > > (j) the employee is determined in accordance with the regulations and the government sector employment rules to be excess to the requirements of the relevant part of the agency in which he or she is employed, > > > > > (k) on any other ground prescribed by the regulations. > > > > The instrument is to set out the ground or grounds on which the employment is terminated. > > > (2) The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency at any time if the employment is not ongoing employment. > > **s 47:** Am 2016 No 2, Sch 1 \[29\]–\[31\].