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Public Sector
In compliance with the Public Service Orders, Order 120 a), b), an employee who as
a result of disciplinary proceeding is aggrieved by reason of a disciplinary punishment
has the right of review to the Principal Secretary (Ministry of Administration and
Manpower). The Principal Secretary shall appoint a panel, in the first instance, to
conduct an enquiry into the complaint and following consideration, convey the
decision to the employee.
The employee, after being notified of the decision, may register an appeal to the
Minister of Administration and Manpower, who shall make a final decision.
However, if he is still aggrieved with the final decision and having exhausted all
avenues for finding a solution to the complaint, he may further register the
complaint with the Public Service Appeal Board (PSAB).
The PSAB is an important key in the achievement of the rights of the workers
employed as public officers. Subject to the Constitution, Article 145.2, this board
"shall not, in the performance of its functions, be subject to the direction or control of any person or
authority" and it deals with different issues apart of those originated from disciplinary
proceedings.
Constitution, Article 146.1: "The PSAB shall hear complaints by persons aggrieved by_
a) an appointment made to an office;
b) a promotion to an office;
c) disciplinary proceedings taken in respect of an officer;
d) the termination of appointment of a person who was holding an office;
e) any decision relating to the qualification of a person; in the public service".
3: The "Board" "may refuse to consider an appeal or complaint where it
is of the opinion that it is frivolous, vexatious or trivial or made in bad faith; or the complain has,
without reasonable cause, been delayed […] or it is subject of proceedings before the court"
Disputes:
In any dispute regarding the interpretation of the Orders, the Principal Secretary of
the Ministry of Administration and Manpower shall be the deciding authority in the
first instance. An appeal against the interpretation lies with the President whose
decision shall be final and conclusive.