TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 19

employed for 26 weeks or more will, in most instances, have a statutory right to complain to an industrial tribunal if he

thinks he has been unfairly dismissed. In such cases the employing department shoul be in a position to provide explicit and substantial evidence that the reason for dismissal was one recognised by the Act, and in addition that, in the circumstances, the department acted reasonably in treating it as a sufficient reason for dismissing the employee (Section 57 of the 1978 Act). Against this background, in addition to taking the normal care to exercise fairness and reasonableness before taking the final decision to dismiss, departments should ensure that such cases have been fully documented so that in any proceedings before a tribunal such care can be clearly demonstrated.

SUSPENSION FROM DUTY

8. Code paragraph 7 provides that an officer may be suspended from duty pending enquiries. The alternative of transfer to other duties unconnected with the alleged offence should be used wherever possible.

9.

When an officer is suspended from duty it should be on full pay unless there exists good reason for withholding pay."

10. When it is decided to withhold an officer's pay, the case should be reviewed at an early date and in any event not later than 2 weeks after the withholding of pay, to consider whether the officer or his dependants are likely to suffer hardship. The officer should be given an opportunity to state his financial position and his case should be dealt with urgently. Each case should be dealt with on its merits but where it is considered

that there exists good reason for withholding some pay, it would probably be appropriate in most cases to withhold half pay. In exceptional circumstances (eg on the one hand where there has been substantial misappropriation of public money, or where the

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