Besides dismissal being the ultimate disciplinary measure, civil servants can only be dismissed on a limited number of grounds. Dismissal is regulated by the LMA. Only the Governor as the authority that is competent to hire the civil servant can dismiss them by decree. Following are the different grounds for dismissal.
Dismissal upon own request
When a civil servant wants to resign he has to give notice and formally request dismissal. The discharge is given at least one month and a maximum of 3 months, after receipt of the request.
Civil servants in temporary service for a specified term or on a trial period, are considered to be honorably discharged at the end of that term.
Civil servants in temporary service, for an unspecified term, can be honorable discharged if given proper notice. Notice is 3 months, if one has worked for more than 12 months. 2 months’ notice is required if one has worked between 6 and 12 months, and 1 month if one has worked for less than 6 months.
Retirement age dismissal
Honorable discharge is also given at the retirement age. This is the age the employee also becomes eligible for pension. For more details on pension, and the upcoming change in retirement age from 60 to 62 years of age, see section E, benefits. If Government wants to retain a civil servant who has passed the retirement age, this can only be done by means of an employment contract.
Reorganization or downsizing
Civil servants can be dismissed as a result of reorganization or downsizing. Discharge for this reason requires proper notice. Notice is 3 months for civil servants who are in permanent service. Notice for civil servants in temporary service is equal to the notice listed under ‘temporary service’. During this period Government has an obligation to see whether the employee can be placed elsewhere within government service. If this is not possible the civil servant is dismissed and is entitled to reduced pay (see section E under ‘reduced pay’).
Aside from the grounds listed above, a civil servant can also be dismissed on the following grounds:
In order to terminate an employment contract Government has to give one month’s notice and have a reasonable cause. The competent authority here is not the Governor, but the Minister.
Considering the fact that (almost) all our policies are applied to civil servants and employees on contract in the same way, it is safe to conclude that reasonable causes to terminate an employment contract are the same as causes for which a civil servant would be dismissed.