Public Service Contract Termination Explained

-Minister for Presidential Affairs, Governance and Public Administration Kabo Morwaeng breaks it down…

 

The criteria used to terminate and/ or recommend termination of contracts for Senior Management, which includes E2 to F2 salary scale employees, is derived from the Public Service Act No. 30 of 2008 Sections 19 and 26.

 

Section 19 prescribes the manner of appointment and performance supervision for Senior Management. Section 19 (1) states that “The appointment of a Permanent Secretary, a Deputy Permanent Secretary, a

Head of Department, and any other person in a senior management position shall be subject to a contract for such term as prescribed “. According to Section 19(2) a person “… shall be eligible be for re-appointment for such number of terms as the appointing authority may prescribe”, and Section 19(3) indicates that “The decision whether or not to re- appoint a person in accordance with the terms of that person’s contract of employment.”

 

He says the contracts of employment that are offered and entered into for Senior Management range from twelve to sixty months, do not contain an option for automatic renewal. The contract contains a clause which indicates that if one is desirous of being considered for a new contract, they should indicate so in writing at least three (3) months prior to the date of expiry of the contract.

 

Section 26 deals with termination of appointments and retirements in the public service. According to Section 26 (1) an employee’s contract shall terminate on either employee’s resignation; expiry of the employee’s contract; employee’s retirement; abolition of the employee’s office; dismissal or death.

 

In specifically dealing with termination of Senior Management, Section 26 (2) states that; “The appointment of a Permanent Secretary, a Deputy Permanent Secretary, a Head of Department, and any other person in a senior management position shall be terminated by 3 months’ notice in writing to that employee, on the grounds that the employee: –

 

(a) Is guilty of misconduct;

(b) Has failed by reason of infirmity of mind or body, to carry out the functions of his or her office satisfactorily or to the performance standards set under the contract relating to his or her appointment;

(c) Has, for any other reason, failed to carry out the functions of his office satisfactorily; or

(d)Has,without the consent of the appointing authority, engaged in any other remunerative employment, occupation or business.”

 

Equally, an employee can terminate his/her employment contract through a 3 months’ notice period, or upon presentation of one- month salary.

 

(ii) Mr. Speaker, in the past five (5) years thirty (30) officers above the age of sixty (60) years got their contracts renewed and seven (7) got their contracts terminated.

 

(iii) Out of the seven (7) contract terminations, none of them were people with disability.

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Particularly relating to affirmative action on people with disabilities, the Director of Public Service Management issued a Circular Savigram dated 3 December 2012, advising that People with Disabilities who have successfully completed their studies at recognized tertiary institutions should be given special dispensation for immediate employment. In this regard, Ministries were also advised to be in liaison with the Office of People with Disabilities in my Ministry, for the purpose. This still remains the Government position.

 

Source; Parliament