Transcription of GUIDELINES TO FOLLOW WHEN CONSIDERING THE …
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GUIDELINES TO FOLLOW WHEN CONSIDERING THE …
GUIDELINES TO FOLLOW when CONSIDERING THE MERITS OF AN APPEAL IN A CASE OF MISCONDUCT 2001 TABLE OF CONTENTS 1. INTRODUCTION ..1 2. STEPS TO BE TAKEN BEFORE DELIBERATING ON THE MERITS OF AN 3. DELIBERATING ON THE MERITS OF AN APPEAL ..3 4. SUGGESTED FORMAT TO ASSIST THE APPEAL AUTHORITY TO TAKE A 5. REFERENCE TO LEGISLATION AND CASE LAW ..16 1. INTRODUCTION Appeals in cases of misconduct, have until 30 June 1999, been handled by the Public Service Commission in terms of section 26 of the Public Service Act, 1994. In terms of section 10 of the Public Service Laws Amendment Act, 1998, the whole of Chapter VI (Inefficiency and Misconduct) of the Public Service Act, 1994, has been repealed. This means that the provisions of sections 20 to 27 of the Public Service Act, 1994, have fallen away. A collective agreement on a new Disciplinary Code and Procedures for the Public Service as agreed upon in the Public Service Co-ordinating Bargaining Council, was reached and signed on 29 January 1999, and has come into effect on 1 July 1999.
In considering such an appeal, it is imperative to determine whether the appeal has been lodged within the prescribed 5 day period. In terms of the Interpretation Act, in order to calculate the number of days, the first day is excluded and the last day is included. 2.2 Ensure that the following documentation and information are available: ...
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