36.     General definition of misconduct

          Any act done without reasonable excuse by an employee which contravenes any enactment relating to the public service or which is otherwise prejudicial to the efficient conduct of the public service or tends to bring the public service into disrepute constitutes misconduct; and the setting forth in section 37 of particular types of misconduct shall not be taken to affect the generality of this section.

37.     Particular types of misconduct

          It is misconduct for an employee to-

    (a)     be absent from duty without leave or reasonable excuse;

    (b)     sleep on duty;

    (c)     engage in any activity outside his or her official duties which is likely to involve him or her in political controversy or to lead to his or her taking improper advantage of his or her position in the public service;

    (d)     engage in any gainful occupation outside the public service without the consent of the prescribed authority;

    (e)     appoint or promote any person to a post in the public service or send any person on a course of training on the basis of consanguinity, affinity, amity, amorous relationship, tribe, favouritism, or on any other consideration other than on merit based on fair and open competition; or

    (f)      otherwise conduct himself or herself in a disgraceful, improper or unbecoming manner, or, while on duty, is grossly discourteous to members of the public or any person.

38.     Sexual harassment

          (1) Notwithstanding the provisions of sections 36 and 37, the sexual harassment of one employee by another, or by a person in authority over another in the public service, shall constitute misconduct.

          (2) For the purposes of this section," sexual harassment" means any unwanted, unsolicited or repeated sexual advance, sexually derogatory statement or sexually discriminatory remark made by an employee to another, whether made in or outside the workplace, which is offensive, or objectionable to the recipient, which causes the recipient discomfort or humiliation, or which the recipient believes interferes with the performance of his or her job security or prospects, or creates a threatening or intimidating work environment.

39.     Disciplinary proceedings for misconduct

          (1) Disciplinary action against an employee who commits an act of misconduct shall be prompt and in accordance with the rules of natural justice.

          (2) The procedure to be followed in respect of a disciplinary action shall be as agreed by collective bargaining.

40.     Punishments for misconduct

          The following are the punishments that may be imposed in disciplinary proceedings under this Act in respect of misconduct-

    (a)     a reprimand;

    (b)     stoppage of increment, that is non-payment for a specified period of an increment otherwise due;

    (c)     deferment of increment, that is a postponement of the date on which the next increment is due.

    (d)     with the written consent of the employee, reduction of salary, that is an immediate adjustment of salary to a lower point on the salary scale attached to the post in question;

    (e)     a demotion;

    (f)      suspension from duty, without pay for a period not exceeding one month; or

    (g)     dismissal.

41.     Inefficiency

          (1) Subject to section 26, if the supervising officer is satisfied that an employee is inefficient or not discharging the functions of his or her office satisfactorily, or to the performance standards specified in a contract relating to his or her appointment, the supervising officer shall submit a report thereon to the Permanent Secretary.

          (2) If the Permanent Secretary is satisfied that-

    (a)     there are reasonable grounds to substantiate the allegation of inefficiency or unsatisfactory performance; and

    (b)     the employee has failed to improve his or her performance despite having been given reasonable opportunity to do so,

the Permanent Secretary shall cause the employee concerned to be furnished with a written statement of the grounds on which it is alleged that he or she is incapable of carrying out his duties efficiently or satisfactorily, giving the employee 14 days within which to respond in writing to the allegations.

          (3) If the Permanent Secretary finds that the allegations of inefficiency or unsatisfactory performance have been proved, the Permanent Secretary may take any of the courses of action set out in section 40.

          (4) This section shall not apply if an employee's inefficiency or unsatisfactory performance is due to infirmity of body or mind.