20ATermination by relevant Presiding Officer of employment for misconduct

20A Termination by relevant Presiding Officer of employment for misconduct

20A Termination by relevant Presiding Officer of employment for misconduct

(1) The employment of a person under this Part by a member of Parliament may be terminated by the relevant Presiding Officer after consulting the member of Parliament if the relevant Presiding Officer is satisfied that the staff member has engaged in misconduct.

(2) The relevant Presiding Officer may not terminate the employment of a staff member unless—

(a) the staff member is notified in writing of the proposed termination and the reasons for taking that action, and

(b) the staff member is given a reasonable opportunity to make submissions in relation to the proposed termination, and

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

(3) If—

(a) any matter relating to the misconduct by a staff member is being dealt with by the relevant Presiding Officer, or

(b) a staff member is charged with a serious offence,

the relevant Presiding Officer may, after consulting the member of Parliament who employed the staff member, suspend the staff member from duty until the matter or the criminal charge has been dealt with and any subsequent action has been taken by the relevant Presiding Officer. Any such suspension may be removed by the relevant Presiding Officer at any time.

(4) The relevant Presiding Officer may direct that any remuneration payable to a staff member while the staff member is suspended from duty under this section is to be withheld.

(5) If, in the case of a staff member whose employment is suspended—

(a) the relevant Presiding Officer terminates the employment of the staff member for misconduct, or

(b) the staff member is convicted of the offence concerned,

any remuneration so withheld is forfeited to the State unless the relevant Presiding Officer otherwise directs or that remuneration was due to the staff member in respect of a period before the suspension was imposed.

(6) Action may be taken or continued under this section in respect of a staff member despite the staff member resigning or otherwise ceasing to be employed by the member of Parliament concerned.