Vocational and Industrial Training Board (Disciplinary Proceedings — Delegation of Functions) Regulations

Vocational and Industrial Training Board Act

(Chapter 345, Section 62)

Rg 2

REVISED EDITION 1990

(25th March 1992)

[1st July 1981]

Citation

1. These Regulations may be cited as the Vocational and Industrial Training Board (Disciplinary Proceedings — Delegation of Functions) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Establishment Committee” means the Establishment Committee appointed by the Board to exercise the powers of the Board in relation to the termination of appointment, dismissal and disciplinary control of officers;

“officer” means an officer of the Board to whom these Regulations apply;

“supervisory officer” means a supervisory officer appointed under regulation 4.

Application of Regulations

3. These Regulations shall apply to every officer of the Board who is holding a post below that of a manager or its equivalent irrespective of whether the officer is holding a permanent, temporary or contractual appointment.

Supervisory officers

4. The Director may appoint any number of officers of the Board who are holding the post of at least a manager or its equivalent to be supervisory officers.

Powers of Establishment Committee

5.—(1) The powers of the Establishment Committee relating to the disciplinary control of the officers of the Board may be exercised by a supervisory officer in accordance with and subject to these Regulations.

(2) The Establishment Committee may exercise any powers relating to the disciplinary control of the officers of the Board notwithstanding the delegation of such powers to a supervisory officer.

Procedure when complaint lodged for offences in Schedule

6.—(1) When a complaint is lodged against an officer alleging that the officer has been guilty of any of the acts or omissions referred to in the Schedule, a supervisory officer may institute disciplinary proceedings against the officer in accordance with this regulation.

(2) The complaint shall be communicated in writing to the officer who may be required to submit a written explanation within 24 hours or such further time as the supervisory officer may allow.

(3) Where the supervisory officer is of the opinion that the complaint requires further investigation he may conduct an investigation in such manner as he thinks fit.

(4) In any such investigation the supervisory officer shall give the officer who is under investigation a reasonable opportunity to answer every allegation made against him.

(5) Where the supervisory officer is satisfied that the officer has been guilty of the alleged act or omission, the supervisory officer may determine —

(a)	that the officer be given a verbal warning;
(b)	the officer be issued a cautionary note;
(c)	the officer be issued a letter of warning or reprimand;
(d)	that a fine not exceeding one week’s total emoluments or the sum of $100, whichever is the lesser, be imposed on the officer; or
(e)	that any increment due to the officer should be stopped or deferred for a period not exceeding one year.

Report of supervisory officer

7.—(1) No penalty may be imposed by the supervisory officer on any officer under regulation 6(5)(c), (d) or (e) unless it has been approved by the Director.

(2) The supervisory officer shall in every case where he has imposed a penalty on an officer under regulation 6(5) submit within 7 days of the imposition of such penalty a report to the Director who shall forward it to the Establishment Committee.

(3) A report submitted by the supervisory officer shall contain a summary of the facts of the case and the decision of the supervisory officer.

(4) Where the Director considers that the circumstances of the case justify a more severe penalty than is otherwise imposed by the supervisory officer, the Director shall submit a recommendation to the Establishment Committee to that effect together with the report of the supervisory officer.

Decision of Establishment Committee

8.—(1) The Establishment Committee in considering the report of a supervisory officer submitted under regulation 7 may, if it considers there are sufficient grounds for interfering with the decision of the supervisory officer —

(a)	alter or reverse any finding of the supervisory officer and withdraw the penalty or reprimand imposed or issued by the supervisory officer;
(b)	alter the penalty imposed by the supervisory officer by enhancing or reducing the penalty; or
(c)	direct that fresh disciplinary proceedings shall be instituted under the provisions of the Vocational and Industrial Training Board (Disciplinary Proceedings) Regulations, with a view to the dismissal or reduction in rank of the officer. [Rg. 1.]

(2) The Establishment Committee shall not alter the decision of the supervisory officer unless such alteration of the decision of the supervisory officer, or the direction for fresh disciplinary proceedings to be taken under the Vocational and Industrial Training Board (Disciplinary Proceedings) Regulations, with a view to the dismissal or reduction in rank of the officer, is made or given within one month of the imposition of a penalty or the issue of a reprimand by the supervisory officer.

(3) Where the Establishment Committee decides to impose a more severe penalty on an officer, the Establishment Committee shall give the officer concerned a reasonable opportunity of being heard.

Saving for prosecution

9. Nothing in these Regulations shall be construed as preventing the prosecution of an officer in accordance with the provisions of any written law for the time being in force or to prevent any disciplinary action being taken against him under any other regulations which may be in force, but an officer shall not be punished twice in respect of the same act or omission.

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