23Inability to discharge duties

23 Inability to discharge duties

(1)  Where the Commissioner for Public Employment has accepted a recommendation made under section 52(1) of the repealed Act, the subject matter of that recommendation is to be dealt with in accordance with the provisions of the repealed Act.

(2)  If a determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee is to be undertaken in accordance with section 48 of the Principal Act, the determination may take into account the performance of those duties by the employee in the State Service before the commencement of the Principal Act.