URBAN COUNCILS ACT
Chapter 29:15
(c) if he is not subsequently discharged, he shall be entitled to the full amount of his salary or
wages and any allowances that would otherwise have been paid to him in respect of the
period of his suspension, less any allowance paid to him in terms of paragraph (b).
141 Appointment and conditions of service of other employees
(1) Employees of a council, other than senior officials, shall be appointed—
(a) in the case of a municipal council, by the executive committee on the recommendation of
the town clerk;
(b) in the case of a town council, by the council on the recommendation of the secretary.
(2) Subject to the conditions of service of the employee concerned, a council or, in the case
of a municipal council, the executive committee of the council, may at any time discharge an
employee other than a senior official—
(a) upon notice of not less than three months; or
(b) summarily on the ground of misconduct, dishonesty, negligence or any other ground that
would in law justify discharge without notice.
(3) An executive committee of a council shall not discharge an employee, other than a senior
official, unless the council has approved the discharge:
Provided that the discharge of a health inspector shall in addition be subject to the approval of
the Minister responsible for health in terms of section 11 of the Public Health Act [Chapter
15:09].
(4) If it appears to a head of department that any employee of the council who is not a senior
official has been guilty of such conduct that it is desirable that that employee should not be
permitted to carry on his work, he—
(a) may suspend the employee from office and require him forthwith to leave his place of
work; and
(b) shall forthwith notify the town clerk or secretary of the council, as the case may be, in
writing, of such suspension.
(5) Upon receipt of a notification of suspension in terms of subsection (4) the town clerk or
secretary, as the case may be, shall cause the suspension to be reported at the first opportunity
to—
(a) the executive committee of the council in the case of a municipality; or
(b) the council, in any other case.
(6) Where an executive committee or a council has received a report of a suspension in terms
of subsection (5), the executive committee or the council shall without delay—
(a) conduct an inquiry or cause an inquiry to be conducted into the circumstances of the
suspension; and
(b) after considering the results of the inquiry, decide whether or not—
(i) to lift the suspension; or
(ii) to do any one or more of the following—
A. reprimand the employee concerned;
B. reduce the salary or any allowance payable to the employee concerned;
C. transfer the employee concerned to another post or grade, the salary of which is
less than that received by him at the date of the imposition of the penalty;
D. impose a fine not exceeding three thousand dollars or three months salary, which
fine may be recovered by deductions from the salary of the employee concerned;
E. subject to subsection (3), discharge the employee concerned;
and shall inform the employee and his head of department accordingly.
(7) Where an employee has been suspended in terms of subsection (4)—
(a) his suspension, unless earlier lifted, shall terminate when the council has decided not to
discharge him or after six months has elapsed, whichever occurs the sooner;
(b) during the period of his suspension he shall not be entitled to his salary or wages in
respect of that period, but he may be paid such allowance, not exceeding the amount of his
salary or wages, as the council may fix;
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