sec.43Appeals against promotional appointments and disciplinary action

sec.43 Appeals against promotional appointments and disciplinary action

An appeal on the merits lies to the Speaker in accordance with this section, and not otherwise, in respect of— all disciplinary action taken pursuant to this Act; and every appointment to an office that involves the appointee’s promotion except— an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies. An officer of or employee in the parliamentary service who may exercise the right of appeal is— in the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her; in the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question. An appeal in respect of disciplinary action may relate to the decision that has resulted in the action being taken or to the nature of the punishment or to both. Jurisdiction is hereby conferred on the Speaker to hear and make determinations with respect to— all matters relevant to an appeal duly instituted in relation to disciplinary action; and all matters relevant to an appeal duly instituted in relation to an appointment. The institution and conduct of an appeal provided for by this section shall be as prescribed by the rules made from time to time by the Speaker or, in so far as the rules do not so prescribe, as the Speaker determines from time to time, having regard to any guidelines issued pursuant to this Act in relation to the matter and to the principles— that legal representation shall not be permitted to a party to an appeal; and that the proceedings upon an appeal shall be informal and simple. No appeal lies from a finding or determination made by the Speaker upon an appeal to it. The determinations of the Speaker upon an appeal shall be furnished to the Clerk who shall act upon those determinations. s 43 amd 1995 No. 38 s 35 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2011 No. 24 s 68 ; 2015 No. 3 s 17 (sec.43-ssec.1) An appeal on the merits lies to the Speaker in accordance with this section, and not otherwise, in respect of— all disciplinary action taken pursuant to this Act; and every appointment to an office that involves the appointee’s promotion except— an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies. (sec.43-ssec.2) An officer of or employee in the parliamentary service who may exercise the right of appeal is— in the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her; in the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question. (sec.43-ssec.3) An appeal in respect of disciplinary action may relate to the decision that has resulted in the action being taken or to the nature of the punishment or to both. (sec.43-ssec.4) Jurisdiction is hereby conferred on the Speaker to hear and make determinations with respect to— all matters relevant to an appeal duly instituted in relation to disciplinary action; and all matters relevant to an appeal duly instituted in relation to an appointment. (sec.43-ssec.4A) The institution and conduct of an appeal provided for by this section shall be as prescribed by the rules made from time to time by the Speaker or, in so far as the rules do not so prescribe, as the Speaker determines from time to time, having regard to any guidelines issued pursuant to this Act in relation to the matter and to the principles— that legal representation shall not be permitted to a party to an appeal; and that the proceedings upon an appeal shall be informal and simple. (sec.43-ssec.5) No appeal lies from a finding or determination made by the Speaker upon an appeal to it. (sec.43-ssec.6) The determinations of the Speaker upon an appeal shall be furnished to the Clerk who shall act upon those determinations.