Dear Editor,
The current disciplinary process and procedures in the public service should be revisited with a view to provide for a speedier due process and natural justice for public servants as outlined hereunder. Disciplinary actions relate to an employee’s capacity or conduct which may breach the obligations in the employment relationship ‒ to render faithful and honest service. Disciplinary matters should be promptly addressed by the management in the public service, and should be separate and apart from any criminal investigation and consequent action therefrom.
The Public Service Management and Administration – the Department of Public Service, the Public Service Commission, and the Public Service Appellate Tribunal ‒ should be concerned with the conduct of the employee in the employment relationship, and act independently, and not rely on the outcome of any court case.
The following process and procedures are proffered for consideration and debate. Where it appears to senior staff – heads of departments and permanent secretaries ‒ that there is reasonable cause to believe that a staff member may have committed gross misconduct, dereliction of duty, or is unable to perform the functions of his/her position as might warrant disciplinary action then:
The concerned head of department and permanent secretary, on their own initiative or upon receipt of a complaint from any source, in consultation with the head of personnel of the Department of the Public Service, shall conduct a full investigation and hearing into the alleged misconduct or inability to function by a committee comprising the relevant head of department, head of the ministry’s personnel department, and the permanent secretary of the relevant ministry, within fourteen working days of the receipt of the complaint or from the date of initiation of disciplinary action.
During the investigation and hearing, if it is considered expedient, the concerned staff member should be suspended from duty on half pay during the fourteen working days under a) above, and should be paid the amount withheld, only if exonerated.
The staff member to whom the investigation relates should be free to represent himself/herself and to be allowed representation by any person at the investigation and hearing.
The committee at a) above shall recommend to the Permanent Secretary of the Department of the Public Service, such disciplinary action as may be appropriate by the end of the fourteen working days referred to a) above.
The Permanent Secretary of the Department of the Public Service shall, within 14 working days, consider the matter and make the appropriate recommendations to the Public Service Commission (PSC). The Public Service Commission should consider the recommendations of the Permanent Secretary of the Department of the Public Service, and shall institute appropriate disciplinary action including suspension without pay for up to two months, or immediate dismissal for good and sufficient cause, or termination of the employment contract.
The affected staff member may appeal any decision of the Public Service Commission to the Public Service Appellate Tribunal which shall review the decision of the Public Service Commission in keeping with the principles of fairness and natural justice. The tribunal should consider and render its decision within 28 working days from the date of appeal.
Yours faithfully,
Samuel J Goolsarran
