26.     Termination of appointments

          (1) An employee's appointment shall terminate on the-

    (a)     employee's resignation;

    (b)     expiry of the employee's contract;

    (c)     employee's retirement;

    (d)     abolition of the employee's office;

    (e)     employee's dismissal; or

    (f)      employee's death.

          (2) 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 three months' notice in writing to that employee, on the ground 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 or her office satisfactorily; or

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

          (3) The provisions of sections, 18, 19, 26 and 27 of the Employment Act shall apply with the necessary modifications, to terminations under this Act.

27.     Summary dismissal

          (1) An employee who is guilty of serious misconduct shall be summarily dismissed from the public service on the basis of that serious misconduct.

          (2) Except in those cases in which the employer cannot reasonably be expected to hold a disciplinary enquiry, subsection (1) shall not be construed as permitting the employer to disregard the rules of natural justice in dealing with cases of summary dismissal.

          (3) For the purposes of this section," serious misconduct" shall, without prejudice to its general meaning, include the following-

    (a)     habitual or wilful neglect of duty;

    (b)     wilful disobedience of lawful or reasonable orders given by the employer;

    (c)     wilful, expressed or implied, misrepresentation by the employee in respect of his or her skills or qualifications;

    (d)     while on duty, the employee is under the influence of an intoxicating, illegal, unauthorised, habit-forming and/or stupefying drugs, including alcohol;

    (e)     wilful refusal to obey or comply with any safety rules or practices for the prevention or control of accidents or diseases;

    (f)      refusal to obey security regulations;

    (g)     work performance below average despite warnings;

    (h)     persistent absence from work without permission;

    (i)      wilful disclosure of confidential information where such disclosure has not been authorised by Government or pursuant to any law or court order or is likely to be detrimental to the interests of the employer;

    (j)      offering or receiving a bribe;

    (k)     acts of theft, misappropriation or wilful dishonesty against Government, another employee, or client of Government;

    (l)      in the case of a teacher or other public officer who, in the course of his or her duties as such officer, engages in an amorous or sexual relationship with a student or a child under that officer's mentorship, authority, control or care;

    (m)    serious damage to Government property caused by wilful or gross negligence; or

    (n)     loss of Government funds caused by wilful or gross negligence;

    (o)     accepting a gift without declaration;

    (p)     assaulting, or attempting to assault, or threatening to assault, another employee or person while on duty;

    (q)     performing work for compensation in a private capacity during or outside working hours, without authority from the employer;

    (r)      carrying or keeping firearms or other dangerous weapons on Government premises, without authority from the employer;

    (s)     falsifying records or any other documentation used for official purposes;

    (t)      operating any business for own benefit during working hours or within Government premises.

28.     Retirement of public officers

          (1) In this section," employee" means a public officer subject to permanent and pensionable terms of service.

          (2) Subject to the provisions of this section, an employee shall retire from the public service on attaining the age of 60 years.

          (3) The Minister may prescribe an age greater than-

    (a)     60 years, for the purpose of the retirement of employees under subsection (2); or

    (b)     45 years for the purpose of the retirement of employees under subsections (4) and (5).

          (4) An employee who has attained the age of 45 years may voluntarily retire from the public service.

          (5) An employee who retires voluntarily under subsection (4) shall do so by giving the Permanent Secretary of his or her Ministry written notification of his or her intention to do so at least three months prior to the date on which he or she intends to retire.

          (6) If, in the opinion of the appointing authority, it is in the public interest to retain an employee in his or her office beyond the age at which he or she is required to retire, such employee may, if so willing, be retained from time to time by the appointing authority for such periods as that authority may determine.

          (7) On the abolition of any public office, section 25 of the Employment Act shall apply.

          (8) Nothing in the section shall be deemed to affect any provision of the Constitution relating to the removal from office or retirement of a judge of the Court of Appeal, a judge of the High Court, the Attorney-General, or the Auditor-General.

          (9) Nothing in this section shall be deemed to affect the compulsory retirement of an employee in accordance with this Act or any regulations made thereunder relating to disciplinary action.

29.     Retirement on medical grounds

          (1) Where it appears to the supervising officer that an employee is incapable of discharging the functions of his or her office or is not discharging those functions satisfactorily by reason of any infirmity of mind or body, the supervising officer shall direct such employee in writing to submit to a medical examination by a Medical Practitioner approved by Ministry of Health or Medical Board appointed in that behalf by the Permanent Secretary, Ministry of Health, with a view to it being ascertained whether or not such officer is so incapable.

          (2) An employee who refuses or fails, without reasonable excuse, to submit to a medical examination as required under subsection (1) shall be guilty of misconduct and shall be liable to disciplinary action in terms of this Act.

          (3) After the employee has been examined by the Board, the Permanent Secretary, Ministry of Health, shall-

    (a)     forward the report to the Permanent Secretary concerned; and

    (b)     furnish the employee with a copy of the report of the results of the medical examination.

          (4) The supervising officer shall allow the employee not less than 14 days from the officer's receipt of the copy of the report to make in writing, any representations which the employee wishes to make.

          (5) The supervising officer shall, upon receipt of the employee's representations, forward the report and the employee's representations, together with his or her own recommendations, to the Permanent Secretary.

          (6) The appointing authority may, on the basis of the medical report, terminate the employee's appointment on medical grounds if satisfied that the employee is incapable of discharging the functions of his or her office, or is not discharging those functions satisfactorily due to infirmity of mind or body.

          (7) Nothing in this section shall be deemed as preventing an employee from requesting, of their own accord, to be examined by a Medical Board.