46Findings by Commissioner

46 Findings by Commissioner

46 Findings by Commissioner

(cf rule 40 GSE (General) Rules 2014)

(1) The Commissioner may, in dealing with an allegation of misconduct:

(a) make a finding of misconduct by the relevant employee (in which case the employee is to be notified of the finding in writing), or

(b) make a finding that misconduct by the relevant employee has not occurred (in which case the Commissioner is to dismiss the allegation and advise the relevant employee in writing).

(2) The Commissioner may not take any action under section 69 (4) of the GSE Act in relation to an administrative employee unless:

(a) the employee is notified of the proposed action to be taken, and

(b) the employee is given a reasonable opportunity to make submissions in relation to the proposed action, and

(c) if any such submissions are made, the Commissioner has taken those submissions into consideration.

(3) If the Commissioner makes a finding of misconduct in relation to an administrative employee, the Commissioner may, instead of taking action under section 69 (4) of the GSE Act, require the conduct of the employee to be monitored over a specified period notified to the employee.

(4) If, during that specified period, the Commissioner is satisfied that the administrative employee has engaged in misconduct of the same or similar kind as the misconduct the subject of the previous finding, the Commissioner may take any action under section 69 (4) of the GSE Act in respect of the employee.

(5) In that case, the employee is not required to be given an opportunity to make submissions in relation to the action proposed to be taken by the Commissioner.