South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)RegulationsRegulations for the Staff of the Human Rights Commission, 1996Chapter X : Termination of Service22. Termination of service |
| (1) | A member of staff's service with the Commission shall be terminated by— |
| (a) | his or her death; |
| (b) | written notice of resignation of one month or such shorter period as the chief executive officer may determine in a particular case; |
| (c) | medical unfitness to perform his or her duties properly; |
| (d) | discharge under regulation 20(6)(d); |
| (e) | subject to the provisions of Chapter VI, absence from his or her place of duty for a continuous period of more than one month; or |
| (f) | subject to subregulation (2), abolishment of his or her post due to reorganisation or rationalisation. |
| (2) | If it is necessary for the chief executive officer to abolish the post of a member of staff as a result of reorganisation or rationalisation of the Commission's functions, the chief executive officer shall— |
| (a) | take all reasonable steps to avoid the discharge of the member of staff or to limit the abolishment of posts to the minimum; and |
| (b) | give at least two calendar months' prior notice to the member of staff that his or her post will be abolished, stating the reasons for the abolishment of the post and the steps taken to prevent it. |
| (3) | The chief executive officer may, at the request of a member of staff and subject to a recommendation of the Commission, notwithstanding the absence of any reason for discharge in terms of subregulation (1), allow such a member of staff to retire from the staff of the Commission if in the opinion of the chief executive officer a sufficient reason exists therefor and the retirement will be to the advantage of the Commission. |