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Public Service Act, 1994 (Act No. 103 of 1994)RegulationsPublic Service Regulations, 2016Chapter 4 : Employment MattersPart 4 : Appointments and other employment matters61. Prohibition on re-employment of former employees dismissed for misconduct |
(1) | A former employee dismissed in terms of section 17(2)(d) of the Act for misconduct listed below shall not be re-appointed in the public service for the applicable period from the date of dismissal in relation to the kind of misconduct indicated in the table below: |
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ACT OF MISCONDUCT |
PERIOD OF PROHIBITION |
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1. |
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Five years |
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2. |
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Four years |
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3. |
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Three years |
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4. |
Contravention of any provision of regulations 11 to 14 of Chapter 2 of these Regulations other than misconduct referred to in items 1 to 3. |
One year |
(2) | If an employee is dismissed for more than one act of misconduct, the prohibition on re-appointment shall run concurrently. |
(3) | An employee who is deemed to have been dismissed in terms of section 17(3)(a) of the Act and who is not reinstated in terms of section 17(3)(b), shall not be re-appointed in the public service for a period of one year after the effective date of his or her deemed dismissal. |