This Government Notice was revoked on 2022-06-24 by Public Service Regulations, 2022.
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Public Service Regulations, 2003
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- Is amended by Public Service (Amendment) Regulations, 2018
- Is amended by Public Service (Amendment) Regulations, 2019
- Is revoked by Public Service Regulations, 2022
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History of this document
24 June 2022
Revoked by
Public Service Regulations, 2022
29 November 2019 amendment not yet applied
Amended by
Public Service (Amendment) Regulations, 2019
09 March 2018 amendment not yet applied
Amended by
Public Service (Amendment) Regulations, 2018
14 January 2005 amendment not yet applied
Amended by
Public Service (Amendment) Regulations, 2005
20 June 2003 this version
14 June 2003
Assented to
Cited documents 0
Documents citing this one 23
Judgment
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Termination void where employees were not charged or heard and reasons for dismissal were not clearly disclosed.
Labour law — CMA referral — validity of CMA Form signed by one employee with written mandate for others (Rule 5(2),(3) Mediation Rules); procedural fairness — requirement to serve clear charges and notice and to afford hearing (Public Service Regulations and principles of natural justice); fair reason for termination — employer must disclose specific charge; termination without charge or hearing is void.
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Leave to seek judicial review granted where arguable fair‑hearing and administrative law issues require full hearing.
Judicial review — Leave to apply — Prima facie/arguable case required — Fair hearing/natural justice alleged breaches (investigation report, impartial tribunal, adequate notice, opportunity to mitigate, access to minutes) — Good faith and leave-stage limitation.
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Sale by a seller without title was unlawful; the plaintiff gets refund and damages though not owner.
* Land law – ownership dispute – sale by public agency of property allegedly belonging to local council – seller without title (nemo dat quod non habet).
* Contract law – alleged misrepresentation and voidable contract – duty of purchaser and duty of seller to conduct due diligence; effect of official search and certificate of title.
* Remedies – refund of purchase price and award of general damages for improvements where buyer loses title due to seller's lack of title.
* Evidence – Registrar of Titles’ testimony and official searches as primary proof of registered ownership; unsupported counterclaim evidence fails.
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Certiorari granted where defective charges and lack of hearing violated a public servant’s right to fair trial.
Public service disciplinary procedure — defective charge and inadequate particulars — right to be heard/natural justice — additional charges must be served — certiorari to quash unlawful disciplinary decision.
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Leave for judicial review refused: applicant failed to show an arguable prima facie case or jurisdictional error.
* Administrative law – Judicial review – Leave to apply for prerogative orders (certiorari, mandamus) – Leave criteria (interest, timeliness, arguable case) per Emma Bayo.
* Public service – Termination and payroll removal – Alleged procedural irregularities, natural justice and qualification requirements.
* Judicial review remedy limited to jurisdictional error/excess of power; merits and alternative remedies are not proper grounds for certiorari.
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Respondent proved fair substantive and procedural termination for absenteeism, insubordination and breach of public service code.
Labour law – unfair termination – validity and fairness of reasons; absenteeism; insubordination; contravention of Public Service Code; burden on employer to prove fairness (s.39); procedural fairness – Rule 13 GN 42/2007 and GN 168/2003; mitigation; remedies under s.40 ELRA.
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Termination without specific charges or a hearing is void; CMA and High Court decisions quashed, parties may refile.
* Labour law – joinder and representation – CMA F.1 and rule 5(2)-(3) allow one employee to file for others with a signed list; objection waived if not timely raised.
* Procedural fairness – service of charges and notice of disciplinary hearing – employer bears burden to prove service; failure renders proceedings void.
* Natural justice – right to be heard constitutionally protected; failure to afford hearing vitiates termination.
* Termination – employer must specify the disciplinary offence; general reasons and post-hoc media explanations insufficient.
* Remedy – quashing of CMA and High Court decisions; parties may refile; costs to be borne by each party.
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Applicant's dismissal for dual employment and prolonged absence upheld; CMA compensation award quashed.
* Employment law – termination for misconduct – dual employment and abscondment as valid ground for termination under section 37 ELRA; * Procedural fairness – substituted charge sheet and statutory inquiry timelines; * Review – quashing CMA award where termination was for fair reason and followed fair procedure; * Remedies – ineligibility for section 41 ELRA relief where termination is fair.
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Electronic filing date counts for judicial review time limits; time‑bar objection overruled, exhaustion‑of‑remedies issue reserved.
Judicial review — time limitation — rule 8 of GN No.324/2014 — electronic filing treated as date of filing under rule 21(1) Electronic Filing Rules 2018 — burden to prove electronic filing date — exhaustion of remedies under Public Service Act (s.32A) reserved for main hearing.
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Application struck out as premature for failing to exhaust statutory Public Service Act remedies before seeking judicial review.
Administrative law – judicial review – requirement to exhaust statutory administrative remedies under Public Service Act (s.32A); Appeal to Public Service Commission (s.10(1)(d)); Finality of administrative decisions; Applicability of regulations – new regulations not retrospective (GN 444/2022 inapplicable to March 2022 decision); Exception to exhaustion rule – adequacy, speed and effectiveness.
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