Saturday, September 7, 2024

DISMISSAL PENALTY FOR TWO PUBLIC EMPLOYEES IN 2023

 Filenews 7 September 2024 - by Angelos Angelodimou



The penalty of dismissal was imposed on two civil servants in 2023 by the Public Service Commission. This is the harshest penalty that the Commission can impose within its jurisdiction, which rarely happens.

According to the Commission's annual report for 2023, from 2019, when the data are recorded, until last year, it is the first time that the National Health Service imposes the harshest penalties on civil servants.

It is noted that for 2023 the National Health Service also imposed the penalty of forced retirement in three cases, the penalty of downgrading to scale in one case, and the severe reprimand in two cases.

A total of eight penalties were handed down for the whole of last year. It is noted that the penalties that the Committee may impose in case of conviction of an official are the following: (a) Reprimand, (b) severe reprimand, (c) disciplinary transfer, (d) interruption of an annual increment, (e) postponement of an annual increment, (f) a fine not exceeding three months' salary, (g) downgrading to the salary scale, (h) downgrading to a lower position, (i) forced retirement and (j) dismissal.

In addition to the above, based on the provisions of Article 84 of the Public Service Laws, when a criminal conviction of an employee becomes final, the Committee requests an opinion from the Attorney General whether the offences for which the official has been convicted involve dishonesty or moral turpitude.

If the opinion is affirmative, the Commission shall, on the basis of the findings of the criminal court, impose on the official such disciplinary penalty as it considers appropriate, after giving him the opportunity to be heard.

During 2023, the Commission had eight disciplinary cases before it.  The four cases were closed in 2023, while four were still pending at the end of the year under review. In addition, the Committee, based on the provisions of Article 84 of the Public Service Laws, dealt with four cases in 2023 following a criminal conviction of employees.

In addition to penalties, it is noted that the resignation of civil servants from their position is permissible only after permission of the Commission, in accordance with Article 52 of the Public Service Laws. According to the same article, an official who resigns from his post without the Commission's prior permission is considered absent from duty without leave and is subject to disciplinary action.

During 2023, the Commission allowed 54 staff to resign from the Civil Service, compared to 52 staff who had resigned on Commission leave in 2022. In addition, the Commission has the power to decide on the retirement of civil servants. During 2023, 376 civil servants retired by Commission decisions, compared to 309 who had retired in 2022. More specifically, regarding the 376 employees who retired, 246 left due to age limit, 101 due to voluntary early retirement, 14 for health reasons and the remaining 15 under Article 53 (1) (f).