A member of staff shall be guilty of misconduct if her or she—
| (a) |
is negligent or indolent in the execution of his or her duties; |
| (b) |
commits a deed, performs an act or commits an ommission which is to the prejudice of the administration, discipline or efficiency of the Commission, or allows or condones it; |
| (c) |
is absent from his or her office or duty without leave or valid cause; |
| (d) |
omits to comply with a provision of these regulations which imposes a duty on him or her or prohibits him or her from doing something; |
| (e) |
publicly comments to the prejudice of the Commission; |
| (f) |
makes use of his or her position on the staff to promote or to prejudice the interests of any political party; |
| (g) |
attempts to secure intervention from political or outside sources in relation to his or her position and conditions of service on the staff: Provided that membership of or participation in a trade union shall not constitute misconduct in terms of this paragraph; |
| (h) |
conducts himself or herself in a disgraceful, improper or unbecoming manner, or, while on duty, is grossly discourteous to any person; |
| (i) |
uses intoxicants or stupefying drugs excessively; |
| (j) |
becomes pecuniarily embarrassed, unless it is shown that his or her pecuniary embarrassment has not been occasioned by imprudence or other reprehensible cause and is not prejudicial to the faithful carrying out of his or her duties; |
| (k) |
without first having obtained the permission of the chief executive officer, discloses, otherwise than in carrying out his or her duties, information gained by or conveyed to him or her through his or her employment on the staff, or uses that information for any purpose other than for carrying out his or her duties, whether or not he or she discloses that information; |
| (l) |
accepts, without permission of the chief executive officer, or demands in respect of the carrying out of or the failure to carry out his or her duties any commission, fee or pecuniary or other reward (not being the emoluments payable to him or her in respect of his or her duties), or fails to report to the chief executive officer the offer of such a commission, fee or reward; |
| (m) |
misappropriates or makes improper use of any property of the Commission under circumstances not amounting to an offence; |
| (n) |
commits an offence; and |
| (o) |
makes a false or incorrect statement, knowing it to be false or incorrect, with a view to obtaining any privilege or advantage in relation to his or her official position or his or her duties, or to causing prejudice or injury to the Commission, the staff or a member of staff. |
Older Persons Act, 2006
