48Inability of employees to perform duties

48 Inability of employees to perform duties

(1)  [Section 48 Subsection (1) amended by No. 42 of 2012, s. 22, Applied:04 Feb 2013] The Employer may take one or more of the following actions in relation to an employee who is found, under procedures established under subsection (3) , to be unable to efficiently and effectively perform the duties assigned to the employee:

(a) direct appropriate counselling;

(b) direct appropriate retraining;

(c) reduce salary within the range of salary applicable to the employee;

(d) reassign duties;

(e) reduce classification;

(f) terminate employment in accordance with section 44 or 45 .

(2)  [Section 48 Subsection (2) amended by No. 42 of 2012, s. 22, Applied:04 Feb 2013] The Employer may delegate the power to take any of the actions specified in subsection (1)(a) to (e) .

(3)  [Section 48 Subsection (3) amended by No. 42 of 2012, s. 22, Applied:04 Feb 2013] The Employer is to establish procedures for the investigation and determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee.

(4)  The procedures referred to in subsection (3)  –

(a) are to afford procedural fairness in the determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee; and

(b) may be different for different categories of employees; and

(c) may vary according to the circumstances in which the employee is alleged to be unable to efficiently and effectively perform the duties assigned to the employee.