44Termination of employment of officers and employees

44 Termination of employment of officers and employees

(1)  The Minister may at any time, by notice in writing, terminate the employment of a permanent employee.

(2)  The notice is to specify the ground or grounds that are relied on for the termination.

(3)  The following are the only grounds for termination:

(a) that the permanent employee is found under section 10 to have breached the Code of Conduct;

(b) that the Head of Agency has requested the Minister under section 47(11) to terminate the employment of the permanent employee;

(c) that the permanent employee is found under section 48 to be unable to efficiently and effectively perform the duties assigned to that employee;

(ca) [Section 44 Subsection (3) amended by No. 19 of 2011, s. 8, Applied:17 Aug 2011] that the officer or employee is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee;

(d) any other ground prescribed by the regulations.

(4)  The Minister may, by instrument in writing, delegate to a Head of Agency, on such terms and conditions as the Minister may determine, the Minister's power of termination of permanent employees.

(5)  The Minister may, by instrument in writing, revoke wholly or in part or vary a delegation made under this section.

(6)  The power of termination delegated to a Head of Agency when exercised by the Head of Agency is taken to have been exercised by the Minister.