56Retirement on medical grounds

#### 56 Retirement on medical grounds 56 Retirement on medical grounds > The person who exercises employer functions in relation to a Public Service employee may retire the employee if— > > > (a) the employee is found to be unfit to perform or incapable of performing the duties of his or her employment, and > > > (b) the employee’s unfitness or incapacity— > > > > > (i) appears likely to be of a permanent nature, and > > > > > (ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee’s control. > > **s 56:** Subst 2016 No 2, Sch 1 \[34\].