9
Provided that no member’s fixed salary or salary scale shall be reduced except when the
member has been found guilty of misconduct or has consented to the reduction.
(4) Conditions of service fixed in terms of subsection (1) may provide that, before a member
of the Health Service is permitted to undergo a course of training or study, he or she shall enter
into an agreement with the Board whereby the member undertakes that—
(a) he or she will serve the Health Service for a period specified in the agreement following
the completion of all or any part of such course; and
(b) should he or she be discharged from or leave the Health Service at any time during the
course or before the expiry of the period specified in paragraph (a), he or she will repay
to the State such amount as may be provided for in the agreement;
and any amount referred to in paragraph (b) shall be a debt due by him or her to the State and
may be sued for or otherwise recovered from him or her by the Minister.
(5) Without derogation from the generality of subsection (1), conditions of service fixed in
terms of that subsection may provide for the dismissal or discharge of a member of the Health
Service—
(a) owing to—
(i) the abolition of his or her office or post; or
(ii) a reduction in, or an adjustment of the organisation of any part of the Health
Service;
or
(b) if the removal will help to improve efficiency or economy in the Health Service, or in the
Ministry or the department of the Health Service in which he or she is serving.
(6) Conditions of service fixed in terms of subsection (1) may provide that, in addition to any
other penalty that may be imposed upon them, members of the Health Service who have been
found guilty of misconduct or who have been convicted of an offence may be ordered to pay
compensation to the State, a statutory body, a local authority or any other person or fund in an
amount not exceeding the amount of any damage to or loss of property arising out of or
occasioned by the misconduct or offence.
(7) Upon the making of an order referred to in subsection (6), the amount specified therein
shall become a debt due by the member concerned to the State or to the statutory body, local
authority, person or fund in whose favour the order was made, and may be sued for or otherwise
recovered from the member concerned by the Minister or by that statutory body, local authority,
person or fund, as the case may be.
14 Consultations re conditions of service of members of the Health Service
(1) The Board shall endeavour to engage in regular consultations and negotiations with
hospital management boards and recognised associations and organisations in regard to the
conditions of service of members of the Health Service, who are represented by the recognised
associations or organisations concerned.
(2) Notwithstanding subsection (1), conditions of service fixed or determined under this Act
shall not be invalid solely on the ground that they were not agreed to by all the parties to any
consultation in terms of subsection (1).