PART V
GENERAL
24 Appeals to Labour Court
(1) Any member or former member of the Health Service who is aggrieved by the decision of the Health
Service Board under section 17 in respect of—
(a) any verdict reached; or
(b) any penalty imposed upon him or her; or
(c) both the verdict reached and the penalty imposed upon him or her;
for misconduct committed or alleged to have been committed by him or her may appeal against the verdict or
penalty to the Labour Court within six months from the date of the verdict or imposition of the penalty.
(2) Sections 90, 91(1), 92 and 97 of the Labour Act [Chapter 28:01] shall apply, with necessary
modifications, in relation to any appeal in terms of subsection (1) as if the decision appealed against were a
determination in terms of that Act.
25 Pension benefits on transfer to Health Service
(1) Members of the Public Service transferred to the Health Service shall be entitled to continue
contributing towards a pension in terms of the Public Service (Pensions) Regulations, 1992, published in
Statutory Instrument 124 of 1992, as amended or replaced from time to time (hereinafter referred as the
“Public Service Pension Scheme”), subject to such terms and conditions as the Public Service Commission
may fix with the approval of the Minister responsible for the Public Service and the Health Service Board.
(2) The pensionable service of a person in the Public Service who is transferred to the Health Service
shall be deemed, for the purpose of calculating any pension or other benefit, to have been pensionable service
in the Health Service.
(3) A person other than a member of the Public Service who is transferred to the Health Service in terms
of section 33(7) and who contributed to any pension scheme may elect to continue contributing to that pension
scheme or to contribute towards the Public Service Pension Scheme, and if he or she makes the latter election
he or she shall—
(a) cease to contribute to the other pension scheme on the date of his or her transfer to the Health
Service and contribute towards the Public Service Pension Scheme; and
(b) be deemed to have contributed in respect of an approved previous employment for the purposes of
the Public Service Pension Scheme; and
(c) pay to the Consolidated Revenue Fund all terminal benefits upon ceasing to contribute to that
pension scheme, whereupon the following portion of his or her previous pensionable service shall be
deemed to be pensionable service in the Health Service, that is, the portion equivalent to the length
of pensionable service in the Health Service that the amount of his or her terminal benefits would
have purchased if such amount represented arrear contributions for the purposes of the Public
Service (Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992).
(4) A person other than a member of the Public Service who is transferred to the Health Service in terms
of section 33(7) and who has not contributed to any pension scheme shall, on the date of his or her transfer to
the Health Service, contribute towards the Public Service Pension Scheme.
(5) Persons referred to in subsections (3) and (4) may elect to make arrear contributions for the purposes
of the Public Service Pension Scheme.
26 Service regulations
(1) Subject to this Act and with the concurrence of the Minister, the Board may make regulations
providing for the conditions of service of members of the Health Service.
(2) Regulations made in terms of subsection (1) may provide for—
(a) the appointment, qualifications, salaries, allowances and other remuneration and benefits of members
of the Health Service, and their promotion, functions, hours of work and leave of absence;
(b) the pension benefits payable to members of the Health Service and to other persons in respect of the
members’ service with the State or with any other person or authority, the contributions payable in
respect of such pension benefits and the circumstances in which such pension benefits may be
reduced, suspended or withdrawn;
(c) training and development courses for members of the Health Service and the attendance of such
members thereat;
(d) the use by members of the Health Service of vehicles, equipment and other property of the State,
their indemnification in respect of such use and additionally, or alternatively, the recovery from them
of compensation and penalties in respect of damage or loss caused by such use;
(e) the manner in which members of the Health Service, may make representations in regard to matters
affecting their conditions of service and general welfare;